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. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. pdf here ]. Welch 2023.

Designs 52

Designs Design Design Patent Advertising 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. 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.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

IP and Legal Filings

OCTOBER 12, 2022

This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Author: Utkarsh Malviya, a fifth-year law student pursuing B.A.L.LB.(Hons.)

Designs 52

Designs Design Copyright Artistic Work 52

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

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

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. Copyright law grants exclusive rights to the creators or owners of original works, such as literary, artistic, musical, and dramatic creations. This means that no one else can copy or distribute their creations without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. If the Mona Lisa were still under copyright, copying it directly would be an infringement, but anyone could paint a slightly smiling woman in black. appeared first on Patent Law Blog.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 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. What good is your technology if others can freely copy it?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. They ought to be able to exert significant control over case law: courts should be slow to depart from existing practice. Mark Lemley Agencies in TM law: PTO is sort of a black box b/c ignored TM so long on the policy side.

Registration 59

Registration Branding Brands Branding 59

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

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. Patent Infringement. This can a lesson for the companies interested in the metaverse.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP Tech Blog

JANUARY 4, 2023

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. It has been debated whether NFTs/DC could be protected in China by design patents. The current tendency is that of denying protection to designs of non-physical products, like metaverses.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

SpicyIP

SEPTEMBER 6, 2021

Reflecting on the far reaching consequences of this historic course of events, Prashant concludes that a plurality of Indian judges generating diverse judicial opinion that will enrich IP jurisprudence in the best traditions of common law. Other Developments. Decisions from Indian Courts. Delhi High Court in Dassault Systems v.

Designs 113

Designs Design Inventor Trademark 113

SpicyIP

OCTOBER 27, 2023

Srijaa is a 4th year law student and Yaggya is a 5th year law student at Vivekananda Institute of Professional Studies, interested in exploring the vast scope of Intellectual Property Rights. This violates copyright laws and may lead to legal actions for copyright infringement. Image by starline on Freepik.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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. My product is better than yours’: is it lawful to use third party’s trademarks to advertise your own products or services? There will be a sequel! is there anything I can do?

Blogging 52

Blogging IP Advertising Advertising 52

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Registration is fast—takes a month—versus patent, but term of protection is only 10 years. Also relevant to some patent doctrines (sorry).

IP 45

IP Invention Designs Design 45

LexBlog IP

DECEMBER 6, 2021

When considering how to secure your software product from potential theft or infringement, it is essential to understand the key forms of legal protection offered under Intellectual Property (IP) law. Patent Protection for Functionality. The most time-sensitive of all filings are your patent filings.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

LexBlog IP

JANUARY 4, 2023

As NFTs per se are currently unregulated by statutes in the US, common law protection through trademarks may become all the more important. It has been debated whether NFTs/DC could be protected in China by design patents. The current tendency is that of denying protection to designs of non-physical products, like metaverses.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

NOVEMBER 15, 2022

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

Trademark Patent Copyright Designs 105

43(B)log

JUNE 24, 2022

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.

Trademark Law 75

Trademark Law Law Trademark Registration 75

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

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. In the 1960s, preemption was big (Sears v. Compco, etc.)

Designs 59

Designs Design Design Patent Branding 59

SpicyIP

JANUARY 23, 2023

Aparajita discusses the key arguments made by Pfizer/ BioNTech in her piece and raises question on enforceability of Moderna’s patents in light of its 2020 patent pledge. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. Case: Kabushiki Kaisha Toshiba vs Asstt.

Designs 105

Designs Design Invention Registration 105

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? But there is an assumption that registration = minimal distinctiveness unless validity is questioned. Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56