SpicyIP

JANUARY 1, 2024

Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India. Other IP Developments Dept. International IP Developments The import ban on Apple watches comes into force.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

IP Tech Blog

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation. In Ironburg Inventions Ltd.

Art 57

Art Litigation Patent Patent Infringement 57

Fish & Richardson Trademark & Copyright Thoughts

MAY 26, 2021

Fish & Richardson received top “Band 1” nationwide rankings for its Intellectual Property (IP) and International Trade: IP (Section 337 Proceedings) practices in the 2021 edition of Chambers USA. Cordell and McKeon also received Band 1 rankings in the International Trade: IP (ITC) category.

Intellectual Property 52

Intellectual Property Confidentiality Editing IP 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 9, 2022

Fish & Richardson’s life sciences group was recognized as one of the best in the country at this year’s LMG Life Sciences Awards , taking home awards in six prestigious categories. . In addition, Juanita Brooks was named “Hatch-Waxman Litigator of the Year – Branded” and her case, GlaxoSmithKline v.

Intellectual Property 52

Intellectual Property IP Litigation Branding 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

To determine whether the type of patentee affected how often fees were paid, we placed the patentees into three categories: operating or practicing entity, nonperforming, and individual. For category placement, we relied on data collected and analyzed in the Stanford Law School NPE Litigation Database.[6]

Patent 52

Patent Litigation Patent Infringement Inventor 52

Kashishipr

FEBRUARY 2, 2022

Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge. Managing the IP Portfolio Well.

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Branding Brands Branding Business 98

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 26, 2021

Fish & Richardson can provide an impressively wide range of IP services – it has an incredible depth of experience and can always put someone forward with the particular expertise you need for your case,” WTR noted. Lisa Greenwald-Swire (California and nationally in the prosecution and strategy category).

Trademark 40

Trademark Due Diligence Intellectual Property Litigation 40

Kashishipr

JULY 13, 2022

Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners. Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world.

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Intellectual Property IP Copyright Infringement Copyright 72

IPilogue

AUGUST 30, 2021

Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, Intellectual Property Journal Editor, and a 2L JD Candidate at Osgoode Hall Law School. Having acquired sufficient distinctiveness in the marketplace, “Booking.com” moves away from the generic category as a descriptive mark. Photo by Ian Hutchinson (Unsplash).

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Registration Trademark Journalism Intellectual Property 106

SpicyIP

FEBRUARY 21, 2023

This interpretation will surely benefit a lot of IP litigators practicing before the Delhi High Court. But why only “IP litigators”? This would mean that even if the filing of the rejoinder exceeds the prescribed period, the court can accept it if it is satisfied that the delay occurred due to valid reasons.

Litigation 75

Litigation IP Trademark Law 75

IPilogue

JUNE 14, 2022

Tanzim Rashid is an IP Innovation Clinic Fellow and a 2L JD/MBA Student at Osgoode Hall Law School & the Schulich School of Business. Pina D’Agostino’s Directed Reading: IP Innovation Program course. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 120

Music Contracts Ownership Licensing 120

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications.

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Trademark Invention Patent Art 126

The IPKat

APRIL 16, 2023

The AmeriKat squinting into the bright future of more opportunity for junior patent lawyers This past week, at the 30th Fordham IP Conference's session on Women in Patent Law the AmeriKat presented on the recent amendments to the Patents Court Guide to improve diversity in the Patents Court. First, was identifying there was a problem.

Patent 85

Patent Patent Law IP Law 85

SpicyIP

OCTOBER 30, 2023

Then, “ …, considering that kettles may not be one of the most expensive product categories, the annual sales of kettles are taken at Rs.5 This case highlights the issue of parties seriously contesting their claims in IP litigation only till an injunction is granted by the court and abandoning the trial thereafter.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

azrights

OCTOBER 27, 2021

While Coca-Cola litigated against these copyists, the cases took years to produce results so Coca Cola decided to develop a unique bottle shape that even illiterate customers would be able to distinguish from imitators. Registered IP rights give a business access to speedier and more effective legal remedies. Litigation.

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Branding Brands Branding Copying 52

azrights

NOVEMBER 3, 2021

When choosing colours be aware of what colours are in use in your category so you choose a different colour to what anyone else is using. Staples, Office Depot and Office World were the 3 brands left standing in their category. Want to learn the best way on how to create a brand along evidence based lines using IP strategically?

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Trademark Branding Brands Branding 52

The TTABlog

NOVEMBER 10, 2023

Mike Keyes , a consumer survey expert and IP litigator at Dorsey & Whitney LLP, has granted me permission to post this recent article from his newsletter, "Lanham Act Surveys for Lawyers" (subscribe here ). After the explanation, respondents were asked to classify various terms into one of those three categories.

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Branding Brands Branding Trademark 72

Patent Trademark Blog

MAY 19, 2022

It may be more helpful to estimate attorney’s fees by short, middle and long categories depending upon how vigorously the case is being fought. In this respect, TTAB cases are similar to IP litigation cases in federal courts which also rarely make it to trial. How much does a TTAB trademark case cost?

Trademark 52

Trademark Settlement IP Blogging 52

Technology & Marketing Law Blog

NOVEMBER 28, 2022

Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Luxy. * Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. . * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Advertising 101

Advertising Advertising False Advertising Trademark 101

Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

IP and Legal Filings

JANUARY 30, 2022

The question in the case was whether so-called “defense preclusion” is a proper application of res judicata, which at the time was a phrase that included two independent doctrines addressing the preclusive impact of earlier litigation. Claim preclusion was the second doctrine (sometimes called res judicata).

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Trademark Branding Brands Branding 95

Technology & Marketing Law Blog

OCTOBER 28, 2021

FullStory’s software allows Nike to capture information regarding website visitors: (1) mouse clicks, (2) keystrokes, (3) payment card information, (4) IP address, (5) location, and (6) browser type and OS. Nike argued that the communications at issue were in the latter category. The court agrees.

Privacy 97

Privacy IP Law Blogging 97

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. Reparations claims have moved from property to IP.

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IP Licensing Law Reporting 90

The IPKat

MAY 26, 2023

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). One of TB's images Background TB (the Claimant), a natural person, owned certain images that are protected by copyright under Polish law.

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Intellectual Property Cease and Desist IP Ownership 67

SpicyIP

JULY 28, 2022

Amit is a registered Patent Agent and an IP practitioner and currently part of the IP litigation team at Sun Pharmaceuticals. 50 & 51 of the Judgment, – “The change in category from a product-by-process claim to a (manufacturing) process claim is, in the present circumstances , admissible.” Nagar (Mohali) and LL.B.

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Patent Application Patent Art Reporting 105

SpicyIP

DECEMBER 26, 2021

The two categories under the Act are separated by a wide chasm, given that extant varieties are not subject to the requirement of “novelty” under Sec 15(2). New varieties are subject to the requirement of “novelty”, and there being no sale prior to the application, which is quite similar to patent law.

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Registration Patent Law Litigation IP 122

Technology & Marketing Law Blog

JANUARY 18, 2024

The venerable IP notice-and-takedown scheme is being replaced by the SAD Scheme , where rightsowners quietly obtain ex parte TROs that target online marketplace accounts. It’s probably impossible to define “willful blindness” without bumping into other scienter categories. IP & Innovation L.

Law 101

Law Social Media Advertising Advertising 101

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Contingent liabilities, or funds saved in case of a potential litigation, may result from infringement instances. All forms of dissemination (selling ,performing, broadcasting, etc.), Image Sources : Shutterstock]. Author: Sanya Barman, 5th year B.L.S.L.L.B

Copyright 75

Copyright Copyright Infringement Music Copying 75

43(B)log

FEBRUARY 19, 2022

Jessica Silbey: Aesthetics, politics, and religion as categories that the Court uses. IP keeps the categories separate for exceptions purposes, but the SCt probably doesn’t. Do you really want to flatten that out in IP? Betsy Rosenblatt: Whether these categories are doing work: should it always have the same answer—why?

Trademark Law 72

Trademark Law Trademark Art Branding 72

The IPKat

FEBRUARY 4, 2022

However, it may prove difficult to distinguish those two categories of products. In the litigation, a main issue was the parties’ disagreement over whether the use of the aggregator app involved any relevant uses of the claimant’s database (i.e. After a couple of rounds of cease-and-desist letters, off to court the parties went.

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Cease and Desist Database Right Litigation Marketing 92

Technology & Marketing Law Blog

MAY 2, 2022

Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). This makes me wonder whether the lawyers for hiQ are handling it on an hourly basis (something hiQ surely cannot afford at this point) or if a litigation funder or other benefactor is involved.

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Cease and Desist Contracts Privacy Business 110

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. Patent Litigation. FDA Regulation.

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IP Registration Trademark Branding 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

Surprisingly, one of the areas where we have the most empirical evidence relating to copyright is in the industries where IP does not apply, or is not enforced: the so-called ‘negative spaces’ of IP, or low-IP areas. In a wider sense, what is public and what is private has important innovation and societal effects.

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Copyright Public Domain Marketing Marketing 52

43(B)log

AUGUST 5, 2021

Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. An author who has made something has said something.

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IP Invention Designs Design 45

43(B)log

JUNE 29, 2023

Litigation indicates: it isn’t more efficient than standard competition or sector-specific regulation; it just reflects that there wasn’t enough information about what they were regulating. But that doesn’t work for everything—it is naïve to think that Zalando hasn’t been talking to the Commission for months, but the result is litigation.

Law 52

Law Privacy Litigation Social Media 52

The IPKat

JANUARY 6, 2022

Sadly, the EU trade mark system is entirely lacking in an effective mechanism for putting a quick stop to pointless litigation, so it took several years and decisions of the EUIPO, the EUIPO Board of Appeal and finally the EU General Court to put this one to bed (in theory there could be an appeal to the CJEU, but I think probably not).

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Registration Cease and Desist Branding Brands 96

azrights

MARCH 15, 2021

The Nike swoosh is unique in its category (that means, no competitors were using a similar icon), and it is also famous because the asset is recognised and linked to the Nike brand by most people. Secondly, they made strategic use of the available IP protections to protect the bottle shape against copying once they began to use it.

Branding 52

Branding Brands Branding Trademark 52