The IPKat

DECEMBER 1, 2023

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.

Social Media 120

Social Media Intellectual Property Intellectual Property Law Related Rights 120

Indiana Intellectual Property Law

MARCH 11, 2024

In Cyprus, Texas , Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

Confidentiality 93

Confidentiality Designs Design Copying 93

IP and Legal Filings

JANUARY 16, 2023

The most popular of all customs is a play used by kids called “trick or treat” kids visit neighbour houses dressed in Halloween-themed costumes, which are designed to give a scary feeling, and ask them to give sweets by the phrase “trick or treat” if the owners of the house fail to give sweets, kids play a trick.

Intellectual Property 70

Intellectual Property Intellectual Property Law Blogging Designs 70

The IPKat

DECEMBER 28, 2023

Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below. You can check out the previous nominees and winners here.

Social Media 57

Social Media Intellectual Property Intellectual Property Law Related Rights 57

Kluwer Copyright Blog

APRIL 13, 2023

CJEU judgments and AG Opinions Ocilion, AG Opinion, C-426/21 This is yet another preliminary reference on the private copying exception in Article 5(2)(b) InfoSoc Directive coming from the Austrian courts. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

Copyright Law 75

Copyright Law Law Copyright Copying 75

IPilogue

DECEMBER 21, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Intellectual property law truly is incorporated in every aspect of society and the issue of lacking creativity in designing sports bras and leggings only reassures that statement. Photo by Artificial Photography ( Unsplash ).

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Patent Intellectual Property Law Designs Design 106

Kluwer Copyright Blog

APRIL 19, 2022

The High Court has recently awarded £450,000 in damages to a successful claimant in a dispute about unregistered design rights in clothing. Unregistered design rights in the UK are a unique right that often catch designs that fall outside the scope of copyright protection. Background.

Designs 52

Designs Design Settlement Copying 52

Intellectual Property Law Blog

FEBRUARY 13, 2024

For Baird, the Federal Circuit pointed out that the claimed 40 °F to 60 °F range was found to be a “different invention” from the disclosed 32 °F to 176 °F range because the claim had been copied from a different patent in order to initiate an interference proceeding.

Art 130

Art Invention Copying Designs 130

Larson & Larson

JUNE 20, 2023

This legal protection can be particularly beneficial for businesses looking to establish their unique brand identity and prevent competitors from copying their product designs. The subjective nature of trade dress and product configuration blurs the line between a distinctive and a generic design.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Designs Design 40

Indiana Intellectual Property Law

OCTOBER 20, 2023

According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. Rogue specifically identified 8 of the products Bells advertises as infringing upon the Plaintiff’s patents in their design and/or utility. Continue reading

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

Patently-O

AUGUST 31, 2021

There apparently is no claim of copying of any lines of software, but instead it is copying of the functionality and use of the particular coding language. My understanding is that WPL designed its software so that its software would execute the same input-procedure used on SAS and produce an equivalent output. 1821 (2013).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

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. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Your Copy-Rights.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Indiana Intellectual Property Law

JANUARY 26, 2024

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com.

Copyright Infringement 52

Copyright Infringement Copyright Designs Design 52

IPilogue

JULY 16, 2021

Elle noted, however, that when it comes to intellectual property protection, the fashion industry can be a difficult space. “It It is rare to be the first creator of a piece and its design. Fashion brands get their inspiration from one another, whether they are aware of it or not.”. Photo Credits: Zvelle.

Branding 106

Branding Brands Branding Intellectual Property 106

LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Patents provide peace of mind knowing that your hard work won’t be copied without permission or credit is given where it is due. Utility Patent or Design Patent?

Patent 40

Patent Invention Design Patent Designs 40

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

MAY 8, 2023

and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S. and abroad: If you have a character with a distinctive shape, consider filing for design patents to give you a broader IP portfolio to enforce. He also is experienced in intellectual property litigation.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Plagiarism Today

OCTOBER 27, 2021

Along the way, we discussed why a knockoff Beetlejuice costume is titled “Juice Demon”, the ways that intellectual property laws govern Halloween costumes and the ways one could find themselves in trouble. Also, many have design errors due to their age. I’m working to fix those, but it will take time.

Plagiarism 204

Plagiarism Copyright Public Domain Copyright Infringement 204

Kluwer Copyright Blog

MARCH 2, 2022

However, some are used to host infringing copies of copyright-protected content, with the content then being unlawfully made available to internet users all over the world (who can choose to stream and/or download the content). More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Intellectual Property Law 64

Intellectual Property Law Copyright Infringement Copyright Intellectual Property 64

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Intepat

JUNE 15, 2023

It thus becomes crucial for them to safeguard their creations through effective intellectual property laws. Copyright is a form of intellectual property law designed to safeguard original works of authorship including literary, dramatic, and artistic works such as computer software, novels, architecture etc.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

IP and Legal Filings

SEPTEMBER 3, 2021

In fact, businesses have begun to extend the scope of Intellectual Property laws by protecting subsets of their products or services. A store layout is the design of a store’s space and the placement of various items in a particular area. This has introduced a new wave of non-conventional trademarks.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Computer-aided design (CAD) files are the most common type of digital file. Those who claim that it should be classified as a literary work argue that a CAD file is essentially a set of instructions for a printer on how to build each layer of a design and thus should be protected in the same way that a set of code in a computer programme is.

Intellectual Property 52

Intellectual Property Designs Design Artistic Work 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. Dark patterns undermine the foundational principles of intellectual property law, leveraging deception, confusion, and unfair advantage to deceive users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP and Legal Filings

JUNE 12, 2023

Finding a differentiator in a field that is becoming more and more competitive, where the distinctions between original ideas and copies are frequently blurred, is crucial. Intellectual property might be the solution.

IP 73

IP Intellectual Property Trademark Designs 73

Kashishipr

SEPTEMBER 7, 2022

Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer. Such a design refers to the visual or sensual look of the product, which can include its shape, packaging, and color combinations.

Trademark 52

Trademark Designs Design Marketing 52

The IPKat

OCTOBER 31, 2021

Social Media & Online Platforms – IP tips & Guidelines on Takedowns ACID (Anti Copying in Design) will hold an online event on 10 November 2021 (12:00pm, CET) to share practical insights into building a proactive intellectual property strategy to avoid online infringement and unauthorised use of content.

Intellectual Property 67

Intellectual Property Intellectual Property Law Social Media IP 67

Kashishipr

JULY 20, 2022

” In one of the articles published by Fortune Magazine in 1999, journalist Paul Lukas wrote that it is a familiar story when a small fledging company comes up with a brilliant new product – so good that a more powerful and bigger company copies its unique idea. and the so-called rival RealMe. Tencent Holdings Ltd.,

Branding 52

Branding Brands Branding Marketing 52

The IPKat

DECEMBER 2, 2022

Let us briefly examine how these systems work and then consider how intellectual property law relates to them. How it's made Knowing how something works is necessary when discussing law and technology. The model does not contain any copies of works. If not the user, then perhaps the manufacturer of the model?

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

IPilogue

NOVEMBER 11, 2021

However, fair dealing’s designation as an “exception” inherently produces a negative implication: that copyright law is the “natural order” of things. That anyone’s use of a copyright-protected work infringes the copyright owner’s property. And, while one is at it, why not for all intellectual property laws?”. [1]

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. 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. Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 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. Additionally, copyrights can also extend to website content, graphic designs, logos, videos, and other digital assets.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. They receive inputs at various stages of their development – be it designing the software, training the system and testing how it functions.

IP 98

IP Intellectual Property Reporting Government 98

LexBlog IP

MARCH 4, 2022

Intellectual property (IP) is a legal term that encompasses a wide range of creations of the mind. This can include inventions, designs, artwork, and even brand names and slogans. The purpose of intellectual property law is to provide a legal framework to protect these creations from being copied or stolen.

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 52

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018. The protection only applies in the UK. Registration took two years.

Trademark 105

Trademark Intellectual Property Registration Designs 105

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. But not so fast.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

The IP Law Blog

OCTOBER 13, 2022

She further testified that WWE then offered her $450 for extensive rights to use and produce the tattoo designs on WWE products. Alexander testified that she declined the offer and advised WWE that she did not grant it any permission to copy, duplicate, or otherwise reproduce any of her designs.

Fair Use 98

Fair Use Copyright Licensing Copying 98