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. 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

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

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Your Copy-Rights. Trademark Registration. So even a phrase as original as “M&Ms melt in your mouth, not in your hands‚” does not have copyright protection.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

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

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

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.

Designs 52

Designs Design Design Patent Advertising 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] The application process for a design patent is simple. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Your Copy-Rights. Trademark Registration. So even a phrase as original as “M&Ms melt in your mouth, not in your hands‚” does not have copyright protection.

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. Image Source: Freepic].

Designs 52

Designs Design Copyright Artistic Work 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

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

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] The application process for a design patent is simple.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

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

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. What Is a Trademark? But in the U.S.,

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 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

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. 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

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

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

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

JANUARY 23, 2023

The Defendant argued that the suit design was published prior to the date of registration under a different trade name. What has to be seen is whether the coolers bearing the suit design were available online prior to the date of application, by the plaintiff, for registration of the design.

Designs 105

Designs Design Invention Registration 105

IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This can a lesson for the companies interested in the metaverse. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

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

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. Apart from the date, this time the organizers of the exams have been changed as well, with the National Testing Agency taking over the reins of conducting the recruitment from the Quality Council of India (QCI).

Patent 59

Patent Higher Education Designs Design 59

Biswajit Sarkar Copyright Blog

JULY 13, 2022

In the fashion industry, there are a few product categories that have long been covered by patent protection, including athletic footwear and base layers or undergarments. Another subcategory of patents called “DESIGN PATENTS” protects the adornment and adornment of practical objects.

Intellectual Property 52

Intellectual Property Branding Brands Branding 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. 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

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

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

SpicyIP

SEPTEMBER 6, 2021

Madhya Pradesh High Court in M/s Mold Tek Packing Ltd. Delhi High Court in Dassault Systems v.

Designs 113

Designs Design Inventor Trademark 113

43(B)log

JUNE 24, 2022

But there is an assumption that registration = minimal distinctiveness unless validity is questioned. If courts won’t invalidate marks (or can’t in the case of incontestable registrations) then doing on the defense side at least preserves something. Typically D argues that I’m using the term in mere advertising copy/not in a TM space.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

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

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

LexBlog IP

DECEMBER 6, 2021

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). Patent Protection for Functionality. The most time-sensitive of all filings are your patent filings. User Interfaces may be protectable with Design Patents as well.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

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

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. Controller of Patents & Designs Patent Office Mumbai. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124