The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 52

Designs Design Design Patent Advertising 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

Designs 52

Designs Design Copyright Artistic Work 52

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Design Patent 89

Design Patent Advertising Advertising Designs 89

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.

Design Patent 52

Design Patent Designs Design Registration 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. Although copyright registration is not required, there are several benefits to doing so. Your Copy-Rights. Trademark Registration.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date.

Inventor 76

Inventor Art Designs Design 76

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 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. Although copyright registration is not required, there are several benefits to doing so. Your Copy-Rights. Trademark Registration.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

More Than Your Mark

AUGUST 27, 2021

Here’s an easy guide to understanding the differences between copyright, patent, and trademark. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright. What Is a Copyright? What Is a Trademark?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

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. If you are in that situation, perhaps not all hope is gone.

IP 75

IP Patent Design Patent Artwork 75

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Patent Trademark Blog

MARCH 24, 2022

To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. If your ITU application matures into a registration, your ITU filing date will be treated as if you began using the mark on that date.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

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. In particular, you can file a petition to speed up your trademark application and submit a copy of the C&D letter to the USPTO. Did they provide a registration number?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission. Startups can protect both the source code and object code through copyright registration.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

DECEMBER 15, 2023

A cropped version of a scanned copy of a US newspaper named ‘The Examiner’ (image from here ) This post is co-authored with Swaraj. So does this mean that like the QCI previously, the NTA will also supersede the authority of the Controller General of Patents, Designs and Trademarks (CGPDTM) in the process of recruiting its officers?

Patent 59

Patent Higher Education Designs Design 59

Biswajit Sarkar Copyright Blog

JULY 13, 2022

Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands. In light of this, each industrial design asset and the brand that markets it must be secured by intellectual property rights in the fashion sector. Role of IPR in Fashion. TRADEMARK.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

Patent Trademark Blog

MARCH 18, 2022

Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Keep in mind that patents must be registered in order to be protectable.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

The IPKat

JANUARY 13, 2022

By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

IIPRD

OCTOBER 17, 2022

Patent and Trademark Office last year, which it has since checked by way of its Nikeland venture on Roblox and the acquisition of RTFKT. These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. With new advancements in technology, new challenges come forward. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 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. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. Registration is fast—takes a month—versus patent, but term of protection is only 10 years.

IP 45

IP Invention Designs Design 45

SpicyIP

SEPTEMBER 6, 2021

Delhi High Court entrance. Delhi High Court in Dassault Systems v.

Designs 113

Designs Design Inventor Trademark 113

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. 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.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. One of the risks of looking at only one side is that you can’t actually grant a “narrow” registration. Question to explore: is the large number of these connected to post-registration audit?) That’s of registrations w/a response.

Registration 59

Registration Branding Brands Branding 59

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. My product was copied and I haven’t registered it. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations?

Blogging 52

Blogging IP Advertising Advertising 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. The claim is that coming from certain retailers = authenticity.

Designs 59

Designs Design Design Patent Branding 59

SpicyIP

NOVEMBER 15, 2022

Cables” was passed on the ground that registration in favor of the mark lies in favour of Mukul Singhal who had established its claim of prior use via documentary evidence. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Designs 105

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.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 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.

Design Patent 52

Design Patent Patent Designs Design 52

LexBlog IP

DECEMBER 6, 2021

Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”). Patent Protection for Functionality.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 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

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

Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. When your product contains unique functional features, apply for a utility patent. How long will it take to get a design patent?

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. Novartis patent set aside on procedural grounds by Delhi High Court. Case: Kabushiki Kaisha Toshiba vs Asstt.

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Designs Design Invention Registration 105

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. ” [8]. .”

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Intellectual Property Design Patent Designs Design 52