IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. Photo by Seenbutnotsurd ( Reddit ).

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LexBlog IP

FEBRUARY 2, 2024

This article is meant to serve as a primer for emerging growth companies and Investors, introducing the different documents and agreements that will need to be drafted and executed for each financing round. [1] Emerging growth companies commonly search for an influx of cash through funding provided by investors.

Government 64

Government Confidentiality Registration Business 64

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

Fair Use 106

Fair Use Licensing Music Art 106

LexBlog IP

FEBRUARY 6, 2024

This article was originally posted to Law360. However, a recent decision by Federal Circuit Judge Bryson sitting by designation in the District of Delaware provides a valuable insight on how the issue may turn out. The America Invents Act created inter partes review in 2012. ” 35 U.S.C. § § 315(e)(2). In Prolitec Inc.

Art 52

Art Patent Invention Designs 52

The TTABlog

APRIL 2, 2024

Three Frog, LLC , Opposition No. Functionality in the Utilitarian Sense: "[M]atter is functional in the utilitarian sense if 'it is essential to the use or purpose of the articles or if it affects the costs of quality of the article.'" Taylor Jr. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 59

Designs Design Social Media Registration 59

Velocity of Content

MAY 25, 2022

Recently, I had the pleasure of joining CCC and a panel of leading R&D experts including Amenah Ibrahim , principle of AI R&D Project Management Services, LLC., What articles from scientific journals that have been peer reviewed and published are available to support your current hypothesis? Is it meant to be disruptive?

Due Diligence 88

Due Diligence Journalism Publishing Copyright 88

The IPKat

MARCH 24, 2024

This has created a market where the distinction between inspiration (homage=good) and copying (theft=bad) is sometimes difficult to apply. In a recent article see here ), writer Anthony Traina expresses it aptly: “The problem with these types of watches has never been inspiration, but when imitation poses as inspiration.”

IP 70

IP Marketing Marketing Reporting 70

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. VIP Products LLC , the Justices’ questions suggested that they believe the First Amendment limits the scope of trademark rights.

Blogging 101

Blogging Trademark Fair Use Trademark Law 101

The TTABlog

JANUARY 9, 2023

Kirill's Big Brain, LLC met the same fate in its attempt to register A S LIVE FOREVER for a potpourri of goods in 14 classes, including air fragrance preparations, jewelry, clothing, and bath mats. In re Kirill’s Big Brain, LLC , Serial No. The key question is, of course, how the consumer perceives the proposed mark.

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Trademark Social Media Registration Copying 140

LexBlog IP

JANUARY 25, 2024

1] This is known as the Rogers test, and effectively operates as a shield to trademark liability where it applies. VIP Products LLC , [2] holding that it does not apply where the challenged use of a trademark is to identify the source of the defendant’s goods or services. AJ Press, Inc. ,

Trademark 40

Trademark Designs Design Branding 40

Patently-O

APRIL 11, 2024

271(f) in WesternGeco LLC v. In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. Moreover, in a global marketplace, the territorial nature of intellectual property rights can create challenges. patent to cover foreign activity.

Patent 81

Patent Invention Technology Patent Law 81

LexBlog IP

OCTOBER 12, 2023

Realtime Data LLC v. Under section 101, only certain types of inventions are patentable: machines, articles of manufacture, compositions of matter, and processes (methods). Under section 101, only certain types of inventions are patentable: machines, articles of manufacture, compositions of matter, and processes (methods).

Patent 52

Patent Invention Law Intellectual Property 52

IPilogue

JANUARY 14, 2022

This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. Cloudbreak Therapeutics, LLC , Case No. The Federal Circuit dismissed Allgenesis’s appeal because Allgenesis failed to establish Article III standing to appeal. Inter partes review is not unique.

Art 49

Art Business Patent Settlement 49

LexBlog IP

SEPTEMBER 27, 2021

Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v. Varsity Brands, Inc.,

Designs 52

Designs Design Copyright Artistic Work 52

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Authors: Abhijay Srekanth and Vivek Basanagoudar.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

JULY 19, 2021

Judge McKeown dissented, finding that only those who had their flagged credit reports actually disseminated by TransUnion had Article III standing. Judge McKeown dissented, finding that only those who had their flagged credit reports actually disseminated by TransUnion had Article III standing.

Privacy 129

Privacy Reporting Copyright Business 129

Patently-O

DECEMBER 6, 2022

GM Global Technology Operations LLC , No. The panel did not seem convinced that it had the authority to overrule those prior panel decisions and at least one judge expressed doubt that KSR even applies to designs. LKQ Corporation v. 2021-2348 (submitted but not decided) (oral argument recording available here ).

Designs 56

Designs Design Design Patent Art 56

Technology & Marketing Law Blog

FEBRUARY 18, 2024

It is baffling to see how acquiescent judges can be when it comes to obvious deficiencies of the SAD Scheme. However, Squishmallow also sued Alibaba and AliExpress. Alibaba and AliExpress did indeed fight back, filing a motion to dismiss that I discussed in my prior post. The court says, per Taamneh v.

Blogging 85

Blogging Advertising Advertising Trademark 85

Patently-O

FEBRUARY 24, 2022

Neapco Holdings LLC, et al. , 20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. Still, there are a number of important patent cases pending before the court.

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

AUGUST 17, 2022

Kids demand a lot from the products they use and love and this also applies to … iPad/tablet cases. In 2019, the EUIPO examiner issued a refusal in respect of all the goods, considering that the mark did not depart significantly from the norms and customs of the relevant sector, pursuant to Article 7(1)(b) of Regulation 2017/1001 ( EUTMR ).

Registration 91

Registration Designs Design Marketing 91

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

Patently-O

SEPTEMBER 26, 2022

The specification does not provide much of any disclosure regarding how these binding cells actually work but instead states that binding elements are “known” and “routine” and cites to a decade-old article on the topic. by Dennis Crouch. Randomness (don’t bother with these): 2 Cases. Kite Pharma, Inc. ,

Patent Law 126

Patent Law Law Patent Invention 126

LexBlog IP

MARCH 3, 2023

Skull Shaver LLC. The court applied the ordinary observer test to determine whether there was infringement and discussed each of the four ornamental features in connection with the D’060 patent and the Flawless Legs product. IdeaVillage Products Corp., 18cv3836 (EP) (AME) (D.N.J. The patent-in-suit is U.S. 5-7 below). 5-7 below).

Designs 52

Designs Design Design Patent Art 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

This article provides a brief review of the Sotera decision and examines how prior art stipulations have been used by practitioners to date. 315(e)(2) statutory estoppel applied to a petitioner at the conclusion of an IPR. Masimo Corporation. PDF copy available. Sotera Wireless, Inc. Fintiv, Inc.

Art 88

Art Journalism IP Litigation 88

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 20, 2022

The article examines the USPTO’s updated guidance regarding Fintiv , the Director review process, applicant admitted prior art, proposed legislation, and more. Read the full article at Westlaw Today. This article was originally published on Westlaw Today on September 16, 2022. PDF copy available. Fintiv, Inc. ,

Journalism 74

Journalism Patent Art IP 74

The IP Law Blog

AUGUST 17, 2023

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. The Ninth Circuit reaffirmed the test they articulated in Perfect 10, Inc. Amazon.com, Inc.,

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

SpicyIP

APRIL 1, 2024

Recently, the Delhi High Court rejected Sulphur Mills’ request for an interim injunction against Dharmaraj Corp Guard, finding their patent on a sulphur-based agrochemical fertilizer to be invalid for being obvious. Analysing this decision, we are pleased to bring to you this guest post by Kartikeya Tandon.

Art 45

Art Patent Invention Technology 45

Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. How are photographers supposed to get the attention of those publishers without displaying samples of their work? July 17, 2023). The Ninth Circuit panel also strongly hinted that if the plaintiff wanted to pursue its arguments, it should file a petition for rehearing en banc.

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” (S. ” (emphasis original). Goldsmith , 598 S.

Fair Use 52

Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager advanced four claims: California Constitution article 1, section 2 (free speech); Unruh Act violations; UCL; and breach of the implied covenant of good faith and fair dealing. Section 230 applied to most of Prager’s claims. YouTube defended on Section 230 and other grounds. Section 230. Citing Barrett v.

Contracts 134

Contracts Publishing Law Government 134

IPilogue

MARCH 1, 2022

From the limited scope of my research as a 1L student, as well as my personal interest, I have noticed a lack of creative voices within the legal realms that apply to them. Their extended biographies are included at the end of this article. Image by Tim Mossholder ( Unsplash ). That’s when I knew I had to protect TAF.”

Social Media 106

Social Media IP Business Branding 106

LexBlog IP

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. Neapco Holdings LLC , 966 F.3d See American Axle & Manufacturing, Inc. 3d 1347 (Fed. 86 FR 36257. In Thaler v. See Thaler v. Hirshfeld et al.

Inventor 52

Inventor Patent Intellectual Property Invention 52

LexBlog IP

SEPTEMBER 23, 2022

I originally intended to call this article Challenges For Structuring Interior Design Purchasing Fees and Mark-ups , but felt that might be too alarmist. I find a lot of designers tend to skew toward vague and general terms about how marks-ups are calculated and charged. That’s why a recent case in Virginia is worth noting.

Designs 52

Designs Design Contracts Artwork 52

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. The author would like to thank John Hodges and Elisa Li for their contributions to this post. What is the intellectual property right that most suits NFTs?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Yes and no.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

The IPKat

SEPTEMBER 21, 2022

Returning to the trendy IP topic de-jour, the panel discussed the copyright aspects of NFTs and their application to decades old commercial agreements in Miramax, LLC v. On the US side, the metaverse fluent Ms. The case shows clearly that virtual goods can also infringe in the real world. a of the Design Directive. Quentin Tarantino et al.

IP 76

IP Reporting Designs Design 76