Patent Trademark Blog

MAY 11, 2022

What is the difference between counterfeiting and trademark infringing? The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Register your trademarks to block the sale of competing goods that use a similar name or logo. Is it fake? If so, it might be a counterfeit.

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Design Patent Designs Design Registration 52

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Trademark? Trademarks protect symbols and identifiers. What Is a Copyright?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

43(B)log

FEBRUARY 3, 2024

At the Trademark Office [I feel like there’s a Panic! 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. Certificate of authenticity; they mark the hell out of chairs w/designer names, signatures.

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Designs Design Law Design Patent 59

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are added benefits to each IPR that come along with their registration.

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Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. Can you trademark a product shape or feature?

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IP Patent Design Patent Artwork 75

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. When does it refer to the origin of the design v.

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Designs Design Design Patent Branding 59

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Your Copy-Rights.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Patent Trademark Blog

NOVEMBER 16, 2023

How to escalate your Amazon patent violation case What are your options when Amazon does not take down the infringing listing in response to your patent violation report submission? On the Brand Registry dashboard, you may have the option to escalate the Amazon patent violation matter. For utility patents, you want APEX.

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Reporting Patent Design Patent Designs 52

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. Are Amazon sellers using a similar brand or product name? Would it make sense to send them a trademark infringement letter. Does the letter mention a copyright, trademark or patent?

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Cease and Desist IP Trademark Registration 52

LexBlog IP

MAY 8, 2023

Note any elements of the game that are particularly new and creative or representative of your brand. Trademark clearance: An important, money-saving process to provide certainty that no one else previously registered the same concepts. Trademark application – U.S. Design patent filing – U.S.

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Intellectual Property Cease and Desist IP Litigation 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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Intellectual Property IP Invention Designs 52

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 trademarks with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection. This can deceive users and harm the reputation of the original trademark owner.

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Intellectual Property False Advertising Designs Design 52

Biswajit Sarkar Copyright Blog

JULY 13, 2022

The ability of a company to create and capitalise on a distinctive brand to get the competitive edge necessary for success is at the core of the fashion industry, which goes beyond only clothing and accessories. Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands.

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Intellectual Property Branding Brands Branding 52

Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. When consumers see a particular brand, the mark tells them that the product comes from a particular company. Trademarks can last indefinitely.

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Intellectual Property IP Confidentiality Patent Application 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

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Designs Design Copyright Artistic Work 52

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [6] If a designer is able to successfully improve infringement they may recover not only their own lost profits but also any profits accrued by the infringer from the infringed work. [7].

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Intellectual Property Design Patent Designs Design 52

IP and Legal Filings

JUNE 8, 2022

Website Designs. The design created for your brand brings enormous value to the business. There is always the deleterious possibility of said design being attempted to be imitated or infringed upon. However, for the acquisition of the protection, it is mandatory to get your brand registered under the designs act.

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Registration Designs Design Intellectual Property 72

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 6] If a designer is able to successfully improve infringement they may recover not only their own lost profits but also any profits accrued by the infringer from the infringed work. [7].

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Intellectual Property Design Patent Designs Design 40

SpicyIP

JANUARY 23, 2023

(DB order) to reiterate that one registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity between the competing marks (para. On this the court observed that “ The brand name of the cooler is, in fact, really irrelevant. Case: Marie Gold Realtors Pvt.

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Designs Design Invention Registration 105

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

Designs 52

Designs Design Trademark Cease and Desist 52

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. My product was copied and I haven’t registered it. is there anything I can do?

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Blogging IP Advertising Advertising 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Is the invocation of ornamentality in the infringement context simply a re-assertion of the supposed trademark use doctrine? Typically D argues that I’m using the term in mere advertising copy/not in a TM space. In the fair use calculus?

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Trademark Law Law Trademark Fair Use 56

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. Patent Protection for Functionality.

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Intellectual Property Patent Application Invention Branding 52

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v.

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Trademark Law Law Trademark Registration 75

Patent Trademark Blog

AUGUST 18, 2021

What are bad reasons for not filing a patent? Many common misconceptions surrounding patents may also lead to poor choices in declining patent protection. Now that we’ve uncovered some poor reasons for making patent decisions, let’s explore good reasons for deciding whether or not to file a patent application.

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Patent Application Patent Design Patent IP 40

LexBlog IP

SEPTEMBER 27, 2021

Varsity Brands, Inc., ” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v.

Designs 52

Designs Design Copyright Artistic Work 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Can other IP rights like trademarks play a role in protecting NFTs? Use in commerce and distinctiveness are two basic requirements to obtain trademark protection.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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. Controller of Patents & Designs Patent Office Mumbai. The rejection order is authored by Dr. Latika Dawara, Asst. Microsoft Technology Licensing v.

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IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 23, 2024

That can have problems, but a whole bunch of marks that are extraordinarily narrow/cast no shadow and are only going to be applied against identical copying doesn’t necessarily create a terrible system, especially under conditions of congestion. We might see a separation of TM function of TMs and the brand loyalty function of handbags.

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Registration Branding Brands Branding 59

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Can other IP rights like trademarks play a role in protecting NFTs? Use in commerce and distinctiveness are two basic requirements to obtain trademark protection.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52