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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

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

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

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. 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.

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TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

43(B)log

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. It’s always been clear to McKenna that TM use is everywhere in TM law, but almost always implicit or found in its absence.

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TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law

43(B)log

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. Another way to say it: Carol Rose’s Crystals and Mud in property law. In the fair use calculus? F2F works pretty well.]

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SpicyIP Weekly Review (November 8-November 15)

SpicyIP

Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same. Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. Call for Papers/ Submissions . 13 [Submissions by December 30, 2022].

Trademark 105
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What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

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. These patents in India is thus difficult to obtain and even if is obtained, it is difficult to defend.