IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Article 2.4

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IP and Legal Filings

MAY 19, 2022

The Controller General of Patents, Designs, and Trademarks (CGPDTM), who will also regulate their conduct and powers, will appoint a panel of “facilitators” to help administer the program. The facility of trademark registration is a herald of ensuring legal security for start-ups.

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azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

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Branding Brands Branding Copying 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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The IPKat

MARCH 4, 2024

Both Nike and Jacquemus are brands retaining a remarkable legacy in the realm of fashion … and IP too. The bag was first launched on Jacquemus’ Instagram account and stirred an intense debate among the brands’ audience.

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Copying Branding Brands Branding 103

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.

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LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? Other countries are lagging behind. Overview of current legislation in China. Article 2.4

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Design Patent Designs Design Patent 52

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. The Copyright Act extends a wide range of rights to the first copyright owner without requiring prior copyright registration.

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Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity.

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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.

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LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: Several of these famous brands lost their trademark rights due to genericide : Aspirin, Trampoline, Thermos, Dry Ice, Laundromat, App Store, Yo-Yo and Zipper.

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Branding Brands Branding Trademark 52

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." Text Copyright John L. Welch 2024.

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The IPKat

MAY 30, 2024

On 02 May 2019, Elettra Lamborghini (the Applicant) filed before the UIBM the application for registration No. The Opposition Division did not deem it necessary to examine the existence of a likelihood of confusion as it refused the registration on the ground of free riding. The Applicant appealed.

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azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. The Meaning of Brand. The best way I’ve found to explain brands is by contrasting them to their unbranded commodity counterparts. But brands have a third dimension or a third purpose.

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Branding Brands Branding Trademark 52

The IPKat

JULY 13, 2022

There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.

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Branding Brands Branding Registration 61

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. A straightforward pink sans-serif typeface was used for the 1959 original trademark registration.

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IIPRD

JUNE 29, 2022

Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!

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Intellectual Property Branding Brands Branding 98

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. InterES… (Yet nothing to do with Inter Milan FC … at least this time!)

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Branding Brands Branding Registration 94

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

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Branding Brands Branding Marketing 52

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. NFTs may refer to the digital goods or specific pieces sold in the Metaverse.

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The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable.

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IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name.

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Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

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Branding Brands Branding False Advertising 59

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

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The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.

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The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

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Trademark Branding Brands Branding 85

azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain.

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Business Branding Brands Branding 93

IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. Copyright Act or Design Act? The Design Act, 2000 [“ the 2000 Act ”] provides protection to various aspects of the design in question, like the pattern, colours or even lines on the design.

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The IPKat

OCTOBER 19, 2022

For more information, you can refer to PatKat Rose Hughes’ post here. As a reminder to brand owners looking to enter the China market, SpecialKat Tian Lu considered in her post how powerful the Chinese language integrity point can be. An equivalent provision is also included in the Design Directive 98/71/EC.

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IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

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Trademark Social Media Branding Brands 59

IP Intelligence

OCTOBER 10, 2023

26, 2023) (originally designated as precedential, then not), that alone will not overcome a surname refusal. In Weale, the applicant sought registration of WEALE for a variety of skin and body care products and cosmetics. Even though a surname may be rare, in In re Weale Care, LLC , Serial No. 90756950 (TTAB Sept.

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Registration Trademark Branding Brands 52

LexBlog IP

DECEMBER 14, 2022

Unlike a standard trade mark application (which is generally prepared and lodged by the owner of a specific brand), certification trade mark applications are often made by a representative of the industry group that is responsible for the regulation of the characteristics of the relevant goods and/or services.

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Kluwer Copyright Blog

OCTOBER 30, 2023

Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark.

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Copyright Copying Branding Brands 59

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common? Let us understand the term better with a few examples.

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IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Infringement Of IPR – Design or Artistic Work?

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