IPilogue

DECEMBER 21, 2021

Peloton seeks a court declaration that its new clothing design does not infringe on Lululemon’s design patent. It only took five days for Lululemon to follow through with its threat and countersue Peloton for infringing on its design patents. Peloton and Lululemon have a long history with each other.

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Patent Intellectual Property Law Designs Design 106

Patent Trademark Blog

MAY 26, 2023

Is it too late for you to file a patent? Did you miss a patent filing deadline? Or, did you not even know that patents had to be filed by a certain time after you begin selling your product ? Is there still a way to get IP if you’re too late to patent your products? Need IP for a product that is too late to patent?

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Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product.

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Design Patent Designs Design Registration 52

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. WS has nine relevant design patents, which it alleged Wayfair infringed. Wayfair Inc.,

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False Advertising Advertising Advertising Designs 59

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 Patent? Patents protect inventions. What Is a Copyright?

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Intellectual Property Trademark Copyright Patent 52

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

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. 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

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for filing a patent? What are bad reasons for not filing a patent?

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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? Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Should you send a C&D letter?

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Cease and Desist IP Trademark 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 an essential functional item.

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Intellectual Property Designs Design Artwork 59

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

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

LexBlog IP

MAY 8, 2023

Note any elements of the game that are particularly new and creative or representative of your brand. Design patent filing – U.S. and abroad: If you have a character with a distinctive shape, consider filing for design patents to give you a broader IP portfolio to enforce. The firm also ranks No.

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Intellectual Property Cease and Desist IP Litigation 52

Patent Trademark Blog

MARCH 18, 2022

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. Customers might expect to pay more, or less, depending upon the brand of the product.

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Intellectual Property IP Confidentiality Patent Application 52

Art Law Journal

JUNE 30, 2022

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. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Your Copy-Rights.

Intellectual Property 52

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. on Amazon or elsewhere) or otherwise publicizing the product.

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Intellectual Property Law Intellectual Property Law IP 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

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 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

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.

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Designs Design Copyright Artistic Work 52

SpicyIP

OCTOBER 27, 2023

Trademark infringement through misleading use of logos or branding: Dark patterns might involve the deceptive use of logos, brand names, or trademarks to mislead users into making purchases or signing up for services they didn’t intend to.

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Intellectual Property False Advertising Designs Design 52

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.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

43(B)log

FEBRUARY 23, 2024

IP Australia also regulates patent & TM attorneys through professional standards board domination. A broader/systemic problem is the problem of scope: we see this in patent side when Office tries to intervene. The business of the PTO is granting patents/TM. If and when that changes, INTA will show up. Money brings attention.

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Registration Branding Brands Branding 59

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. Nominal damages are often a species of general damages.

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Garrigues Blog

JUNE 1, 2021

The practical application of artificial intelligence in fields such as artistic creation or innovation poses a whole range of brand new challenges for IP. My product was copied and I haven’t registered it. Artificial intelligence pushes the boundaries of intellectual property. is there anything I can do?

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Blogging IP Advertising Advertising 52

SpicyIP

FEBRUARY 13, 2023

The injunction restrained the Appellant from using the Respondent’s registered patent on smart bin technology and related material. The court clarified that for this defence, enshrined u/s 19 and 22(3), to work, “ the lack of novelty or originality has to be seen as on the date when the design was registered.

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Designs Design Trademark Cease and Desist 52

Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? So you’ve created a new product.

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Design Patent Patent Designs Design 52

IP and Legal Filings

JUNE 9, 2022

There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. On the other hand, the Patent Office is in charge of regulating Design Registration. There are added benefits to each IPR that come along with their registration.

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Registration Designs Design Trademark 63

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Registration is fast—takes a month—versus patent, but term of protection is only 10 years. Also relevant to some patent doctrines (sorry).

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IP Invention Designs Design 45

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. It has been debated whether NFTs/DC could be protected in China by design patents. Article 10.1

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IP Ownership Non-Fungible Tokens Copyright Law 109

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

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. It has been debated whether NFTs/DC could be protected in China by design patents. Article 10.1

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 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

SpicyIP

JANUARY 23, 2023

Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Other Posts COVID-19 Vaccine Patent Infringement?

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Designs Design Invention Registration 105

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