IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. To counter this issue laws are placed so that the original ideas can be protected. What Is Copyright?

Designs 87

Designs Design Copyright Copyright Infringement 87

Intellectual Property Law Blog

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

Registration 189

Registration Designs Design Copying 189

Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. Advanced Micro Devices, Inc., 2d 1555 (Fed.

Designs 130

Designs Design Copying Copyright Law 130

IP Law 360

MAY 18, 2023

A toy designer for MGA Entertainment testified Thursday in an intellectual property dispute between rapper T.I. and the company, speaking exuberantly for hours about the dolls at the center of the case before breaking down in tears as she denied stealing the idea.

Designs 75

Designs Design Copying Intellectual Property 75

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Copyright Law and DRM.

Copying 116

Copying Social Media Licensing Technology 116

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202.

Registration 130

Registration Designs Design Copying 130

Likelihood of Confusion

JULY 8, 2023

Via fashionista-lawyer-to-the-fashionista-stars Olivera Medenica, it’s time to roll up for the Federal Bar Association‘s 2016 Fashion Law Conference at the Parson’s School of Design! Look, here’s the text I copied.

Law 96

Law Copying Designs Design 96

IP Law 360

FEBRUARY 13, 2023

of infringing its two bicycle wheel designs, alleging during opening statements before a Miami federal jury that its rival copied the company despite already knowing patents already existed. Bicycle components manufacturer SRAM Corp. on Monday accused Princeton Carbon Works Inc.

Copying 40

Copying Designs Design Patent 40

IP Law 360

JANUARY 20, 2023

A company that makes distinctive cocktail glass-shaped and branded golf tees filed a lawsuit against a golfing novelty store in Georgia federal court, alleging the retailer ripped off its patented design and trademarked packaging, after agreeing not to sell copies of the tees.

Copying 40

Copying Designs Design Branding 40

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.”

Copying 97

Copying IP Copyright Law Designs 97

43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters. So too for the state law claims.

Copying 59

Copying False Advertising Designs Design 59

IP Law 360

OCTOBER 6, 2023

A London court has ruled that the maker of the Tommee Tippee hands-free, high-tech breast pump did not infringe three registered designs for a rival's device, branded as Elvie.

Designs 40

Designs Design Copying Branding 40

LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia.

Copying 52

Copying Social Media Designs Design 52

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

Designs 134

Designs Design Publishing Art 134

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

Design Patent 89

Design Patent Designs Design Patent 89

TorrentFreak

JANUARY 4, 2022

The wide feature range of Genshin XYZ appears designed to undermine that monetization since the tool allows players to cheat their way to progress instead. Nevertheless, it’s interesting to observe that people who seem happy to violate the DMCA on the one hand are also prepared to seek redress using the same law on the other.

Copying 142

Copying Copyright Infringement Intellectual Property Copyright 142

IP Law 360

JANUARY 26, 2023

Sportswear giant Nike has slammed streetwear maker Bape with a trademark suit in New York federal court over purportedly similar shoe designs, arguing that Bape swiped the "iconic" look of Nike sneaker models like its Air Force 1s and Dunks.

Designs 40

Designs Design Copying Trademark 40

IP Law 360

MARCH 5, 2024

A New York federal judge refused Monday to end Nike's trademark action accusing Bape of copying the "iconic" look of Nike's Air Force 1 and Air Jordan sneakers, finding Nike's certificates of registration sufficiently articulate the purview of its purported trade dress, including specific, written descriptions and design details.

Designs 53

Designs Design Copying Registration 53

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

IP Law 360

JANUARY 10, 2024

A Los Angeles-based designer is accusing Spirit Halloween of copyright infringement in a suit claiming that the country's largest Halloween retailer willfully made and sold unauthorized copies of her original "Spooky All Year" ghost pins.

Designs 52

Designs Design Copyright Copyright Infringement 52

Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

Designs 133

Designs Design Trademark Patent 133

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52

Copying Law Copyright Law Copyright 52

The IPKat

JANUARY 30, 2024

This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law. Consequently, no copyright infringement could be found.

Designs 73

Designs Design Art Intellectual Property 73

Patently-O

FEBRUARY 4, 2024

GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. In a 2010 article, I concluded that “the current design patent examination system operates as a de facto registration system” with very little obviousness analysis except in cases of clear copying.

Design Patent 51

Design Patent Designs Design Patent 51

JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Durkin, Deirdre M. Wells, Daniel A.

Design Patent 65

Design Patent Designs Design Copying 65

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit.

Social Media 52

Social Media Copying Branding Brands 52

JD Supra Law

JUNE 26, 2023

The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, By: Snell & Wilmer

Copying 52

Copying Designs Design Marketing 52

IP and Legal Filings

JULY 8, 2022

Industrial Design in Oman. Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. Deed of assignment if the applicant is not the designer.

Registration 66

Registration Designs Design Copying 66

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D.

Copying 64

Copying False Advertising Social Media Advertising 64

IP Law 360

OCTOBER 13, 2022

A Pittsburgh-based robot toy designer believes a Chinese competitor stole the source code for its interactive menu system by reverse engineering demonstration robots acquired from a predecessor company, according to a revised lawsuit filed in Pennsylvania federal court.

Copying 98

Copying Designs Design 98

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. Although Dick/Edison had patented the machine, they were an early adopter of the subscription model and wanted to also be the exclusive seller of copying supplies. by Dennis Crouch I see the US Supreme Court’s 1912 decision in Henry v.

Patent Law 98

Patent Law Patent Law Invention 98

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Biswajit Sarkar Copyright Blog

JULY 12, 2022

In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. In this article, we shall explore the acts that amount to piracy of registered designs and remedies. Acts amounting to piracy of registered design.

Designs 52

Designs Design Registration Publishing 52

IPilogue

AUGUST 5, 2022

Andrew Masson is an IPilogue Writer and 2L JD candidate at Osgoode Hall Law School. IP, design, development, and engineering are cornerstones of this sport, with teams having to design, build, and race their cars. F1 racing has become incredibly popular lately, likely aided by Netflix’s “ Drive to Survive.”

Designs 104

Designs Design IP Intellectual Property 104