43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Brands 72

IP and Legal Filings

JULY 8, 2022

Industrial Design in Oman. Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. Deed of assignment if the applicant is not the designer.

Registration 70

Registration Designs Design Copying 70

LexBlog IP

AUGUST 31, 2021

. – a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. The case involves a well-known chair design dating from the 1940’s, by designers Ray and Charles Eames.

Advertising 52

Advertising Advertising Designs Design 52

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness.

Designs 96

Designs Design Advertising Advertising 96

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Designs Design Public Domain 52

The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Text Copyright John L. Welch 2024.

Advertising 51

Advertising Advertising Designs Design 51

IP Law 360

SEPTEMBER 6, 2023

Amazon launched a pair of lawsuits Wednesday in Seattle federal court against social media influencers, accusing the two women of using their profiles to advertise knockoff luxury brand products as part of a scheme with third-party counterfeit sellers.

Social Media 85

Social Media Designs Design Advertising 85

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

Designs 52

Designs Design Advertising Advertising 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The TTABlog

SEPTEMBER 2, 2021

Opposer's sales, advertising, and media coverage led the Board to conclude that Lacoste's alligator design marks are "'renowned' in the clothing market, and, at the very least, commercially quite strong." Moreover, the alligator design is larger that the wording in applicant's mark. Lacoste Alligator S.A.

Designs 89

Designs Design Advertising Advertising 89

LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

Designs 52

Designs Design Reporting Advertising 52

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

Designs 109

Designs Design Public Domain Advertising 109

Patently-O

NOVEMBER 21, 2022

However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. ” In general, that amount of evidence is insufficient to support a product design trade dress registration. is a Sunset brand filter.”

Designs 73

Designs Design Registration Trademark 73

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Art Law Journal

APRIL 13, 2022

If you are a non-professional artist who is eager to turn your artistic talents into a career in graphic design, you’ve come to the right place. In this article series, you’ll find valuable information on building and maintaining a career in the creative space, including learning graphic design. What does a graphic designer do? .

Graphic Design 52

Graphic Design Designs Design Art 52

Indiana Intellectual Property Law

JUNE 17, 2022

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”). According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures.

Copyright Infringement 52

Copyright Infringement Designs Design Copyright 52

The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

Advertising 87

Advertising Advertising Contracts Registration 87

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.

Designs 52

Designs Design Design Patent Advertising 52

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

Trademark and Copyright Law Blog

OCTOBER 17, 2022

Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. In this 60-minute webinar, designed for in-house counsel, we discussed how to identify and address ethical issues to guard against potentially irreversible consequences. Ethical duties are paramount in any legal practice.

Advertising 75

Advertising Advertising Trademark Copyright 75

LexBlog IP

MAY 31, 2023

Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation.

Advertising 52

Advertising Advertising Privacy Designs 52

IP Law 360

FEBRUARY 15, 2022

trademarks covering its three-stripe designs, saying the mark is sufficiently distinct and has been used in £772 million ($1 billion) worth of U.K. advertising. Adidas has hit back against New York fashion brand Thom Browne's attempts to revoke the U.K.

Designs 40

Designs Design Advertising Advertising 40

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. Sellers failed to overcome that presumption.

Designs 70

Designs Design Marketing Marketing 70

IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. .

Advertising 105

Advertising Advertising Trademark Branding 105

IP Law 360

AUGUST 17, 2021

Alexander Wang took the designs from the portfolio of a job applicant and used them in a video advertisement for its rhinestone bags, according to a $75 million copyright suit filed in California federal court Monday.

Designs 40

Designs Design Advertising Advertising 40

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 97

False Advertising Advertising Advertising Marketing 97

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

Designs 64

Designs Design Copying Copyright Infringement 64

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. The court displays some of the ads: Use in Commerce.

False Advertising 97

False Advertising Advertising Advertising Trademark 97

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Yet plaintiffs are suing Vogue , because Vogue has an agreement with the website Moda Operandi to link from Vogue to Moda if anyone wants to purchase the designer clothes featured in Vogue online stories. In one way, it's a replay of the Stewart v.

Advertising 64

Advertising Advertising Designs Design 64

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers. reportAd: {.

Designs 52

Designs Design Law Contracts 52

43(B)log

FEBRUARY 26, 2024

23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

NOVEMBER 23, 2022

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

IP Law 360

APRIL 12, 2024

A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.

False Advertising 52

False Advertising Advertising Advertising Copyright Infringement 52

Intellectual Property Law Blog

APRIL 13, 2023

Some will do so based on intentional design. This may be the case, even if the GAI tool is not specifically designed to output celebrity images. Code § 3344(a). GAI is a powerful tool and has many applications. Many uses will be fine, but many will cross a legal line. Others will do so inadvertently.

Fair Use 246

Fair Use Designs Design Advertising 246