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

Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. However, suppose the designer chooses only to follow Section 15 of the copyright registration procedures and implements this registration for his use. Registration–.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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

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.”. Your Copy-Rights.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions. What Is a Copyright?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

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. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Accordingly, the patent owner or trademark owner becomes the defendant in a DJ action.

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest.

Designs 52

Designs Design Intellectual Property Registration 52

Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Protection of a design–.

Intellectual Property 52

Intellectual Property Designs Design Artwork 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

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

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. Wellington).

Designs 52

Designs Design Design Patent Advertising 52

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.”. Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Scenario 2: Protecting Novel Designs by Patent. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

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

Patent Trademark Blog

MARCH 18, 2022

Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. 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. Yes, you certainly can.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. on Amazon or elsewhere) or otherwise publicizing the product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 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

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Scenario 2: Protecting Novel Designs by Patent. The reviewal process for the U.S.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

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. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

JANUARY 23, 2023

Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Other Posts COVID-19 Vaccine Patent Infringement?

Designs 105

Designs Design Invention Registration 105

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

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. Patent Infringement. With the growing number of patent applications, the risk is also increasing.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. IP Australia also regulates patent & TM attorneys through professional standards board domination. A broader/systemic problem is the problem of scope: we see this in patent side when Office tries to intervene.

Registration 59

Registration Branding Brands Branding 59

Biswajit Sarkar Copyright Blog

MAY 7, 2021

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. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

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. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

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. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

JULY 13, 2022

A patent is an exclusive intellectual property right given to innovators whose work results in the conception of a novel process. In the case of the fashion business, a patent must cover an invention that is not only practical but also brand-new or original to the general public. IP rights protection through registration.

Intellectual Property 52

Intellectual Property Branding Brands Branding 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

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 where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims.

IP 124

IP Copyright Trademark Intellectual Property 124

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

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. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v.

Trademark Law 75

Trademark Law Law Trademark Registration 75

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. 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.

Trademark 105

Trademark Patent Copyright Designs 105

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

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Copyright protection is unique in that it can last for well over a century and requires minimal examination by the United States Patent and Trademark Office (USPTO).

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

SpicyIP

OCTOBER 27, 2023

Violation of design patents or trade dress: Dark patterns that mimic the design or layout of a competitor’s website or app in a misleading way might infringe on design patents or trade dress protections.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP Tech Blog

JANUARY 4, 2023

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. For more details on the topic of design and the metaverse in China see our previous blog post. Article 10.1

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109