Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Vidal (4th Cir. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

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Designs Design Cease and Desist Design Patent 74

LexBlog IP

NOVEMBER 15, 2022

patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer. As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products.

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Cease and Desist Design Patent Patent Designs 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. 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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

AUGUST 16, 2023

You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark. Market Setback : Rebranding could disrupt ongoing marketing campaigns and initiatives, potentially causing a setback in the brand’s market position and competitiveness.

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Branding Brands Branding Registration 40

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Amazon often face patent violations with its increasing customer base and involvement of third-party seller.

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Patent Infringement Patent Cease and Desist IP 52

Selvam & Selvam Blog

MARCH 28, 2022

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

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Cease and Desist Branding Brands Branding 106

The IPKat

JANUARY 2, 2022

A recent example of how the metaverse will include digital fashion is the conflict between Hermès and MetaBirkins over allegedly trademark-infringing non-fungible tokens ("NFTs") that were marketed as MetaBirkins without Hermès' permission. Julie Zerbo tells the rest of the story on The Fashion Law.

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Blogging IP Non-Fungible Tokens Cease and Desist 126

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Patent protection may be available, for instance, for the creation of new audio or visual effects technologies or digital streaming services like Netflix.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Patently-O

OCTOBER 28, 2022

Attachments to the complaint include a nice row of middle fingers in response to the cease and desist letter. . According to the complaint: Competitor is hiring former employees seeking to “steal” plaintiff’s market share. According to the complaint: Former employee (Robles) began soliciting former customers.

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Cease and Desist Confidentiality Marketing Marketing 60

LexBlog IP

MAY 8, 2023

Consider how you’re going to bring the game to market and to your business plan. 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. Founded in 1921, the firm currently holds a No.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 8, 2022

Both opinions considered arguments that the United States market lacked suitable non-infringing products to replace the excluded products. Tobacco Heating Articles Overview: In the first opinion, the Commission denied a motion to stay a limited exclusion order (LEO) and cease and desist order (CDO) pending appeal at the Federal Circuit.

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Cease and Desist Patent Patent Infringement Marketing 52

The IPKat

FEBRUARY 4, 2022

Content aggregators should be free to create and market new products and services based on the information in publicly available databases, as long as the database maker can still redeem the investment. The Swedish Patent and Market Court recently applied these principles in in case PMT 11815-20 Parkster AB./. Parkamo GmbH.

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Cease and Desist Database Right Litigation Marketing 92

Technology & Marketing Law Blog

AUGUST 24, 2023

In the context of web scraping, the question is whether, once a web scraper gets its authorization revoked (usually via cease-and-desist letter, but often in the form of various anti-bot protections), whether any further scraping and use of a website’s data is “without authorization” within the meaning of the CFAA. .

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Blogging Contracts Intellectual Property Social Media 96

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.”.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

The IPKat

JULY 22, 2021

Trademark rights are not granted to reward authors or incentivise future creations or dissemination of cultural works – because trademark law has a more static goal of preserving market transparency. Chapter 7 builds further on this bleak picture by looking at how trademark law facilitates perpetuation of protection of cultural expressions.

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Trademark Public Domain Copyright Cease and Desist 57

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.”. Utility and Design Patents.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3]

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

Barry Sookman

MAY 3, 2020

News & World Report [link] 2020-04-30 Injunction granted to prevent cease and desist letters to be sent to suppliers purchasing an allegedly infringing p… [link] 2020-05-01 Can artificial intelligence help us design vaccines?

Privacy 52

Privacy Cease and Desist Technology Copyright 52

The IPKat

JANUARY 6, 2022

Few opponents prefer to jump straight into court action, with oppositions typically the preference when a cease and desist letter fails to get the right reaction. Most IP lawyers dread reading about their cases in a newspaper, what with journalists’ infamous ability to speak of copyrighting a trade mark in a patent dispute.

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Registration Cease and Desist Branding Brands 96

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. The injunction restrained the Appellant from using the Respondent’s registered patent on smart bin technology and related material. International Developments Hermes wins U.S.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 98

Erik K Pelton

NOVEMBER 3, 2020

Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! a great trademark: Marketing department. Small businesses are just as capable of creating and building great brands as big businesses are. In fact, small businesses may be even more capable. Physical offices.

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Business Trademark Cease and Desist Branding 130

SpicyIP

MARCH 27, 2023

Highlights of the week Jab We Met (if at all): Do Patent Oppositions and Examination Run on a Parallel track? Delhi High Court to Examine Do patent oppositions and examinations run on parallel tracks? Controller of Patents and Designs. Or are they adversarial in nature? Courtaulds and Albert Woods and Amcolite v.

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Designs Design Cease and Desist Art 105

43(B)log

AUGUST 18, 2021

During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Since the jury made no relevant findings of fact, the court was free to make findings. apart from the mark as shown.”

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Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. vs The Controller of Patents & Anr. Inventprise Inc. Koninklijke Philips N.V. vs Oplus Mobitech India Pvt.

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Case: Holyland Marketing Pvt.

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Trademark Registration Cease and Desist IP 104

SpicyIP

NOVEMBER 21, 2022

From Creating Patent Ecosystem to Building National Innovation System for Industrial Growth. Ruchi Sharma highlights a few findings of the Economic Advisory Council to the Prime Minister’s report “Why India Needs To Urgently Invest In Its Patent Ecosystem?” Image from Lightbulb icons created by Freepik – Flaticon. Opportunities.

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IP Cease and Desist Patent Music 100

IP Whiteboard

JUNE 7, 2021

The IP owner may wish to send cease and desist correspondence to both the NFT’s creator and the marketplace on which the NFT is listed. Other Australian laws, including those relating to directors’ duties, will also apply to the process of creating, marketing and selling NFTs. Cybersecurity.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam ” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.) Elster (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

MARCH 4, 2022

The examining attorney at the United States Patent and Trademark Office (USPTO) refused to register the proposed mark on the ground the phrase falsely suggests a connection with a person (here Donald Trump) in violation of Lanham Act Section 2(a), and also because this mark violates Section 2(c) of the Lanham Act.

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Registration Blogging Trademark Privacy 119