The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article. 35 USC section 171.

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Patent Trademark Blog

MAY 16, 2024

When competitors start copying your innovative product, what is your fallback strategy to stop them? Federal court litigation is not the only way to enforce patents against competitors. With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product.

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LexBlog IP

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

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Registration Designs Design Copying 40

Plagiarism Today

APRIL 25, 2022

According to the lawsuit, the musicians and their songwriters copied elements from the earlier track, including the chorus, verse and hook from the song. Finally today, Jennifer Edwards Baker at Fox19 reports that, in Ohio, the Goshen Township police have been hit with a copyright infringement lawsuit over the design of their police badge.

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Copyright Infringement Plagiarism Designs Design 198

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Design Patent 57

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

This post continues our summary of substantive orders in patent litigation in the District of Minnesota. Carson Design & Mfg., Carson Design & Mfg., Plaintiff Schwab-Vollhaber-Lubratt (“SVL”) sued Defendants Carson Design and Manufacturing and Midwest Mechanical Supply alleging infringement of certain SVL patents.

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Litigation Patent Designs Design 52

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

IP Watchdog

AUGUST 20, 2021

Court of Appeals for the Federal Circuit yesterday reversed the Patent Trial and Appeal Board’s (PTAB's) finding that Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, LLC did not demonstrate the claimed designs of Gamon, Inc.’s s design patents would have been obvious over the prior art.

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Design Patent Patent Designs Design 125

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.

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Branding Brands Branding Copying 52

The IPKat

DECEMBER 26, 2023

Sweden has also transposed Article 20, by amending Section 29 of the Swedish Copyright Act, and news has broken that litigation has begun in that Member State over the application of the resulting national provision and its temporal scope of application.

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Contracts Designs Design Copyright Law 62

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.

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Blogging Copying Social Media Copyright 95

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

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Artwork Branding Brands Branding 52

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

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Patent Infringement Patent Advertising Advertising 52

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

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Intellectual Property Designs Design Copyright 116

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. There was copying by competitors.

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Technology Invention Designs Design 80

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.

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Intellectual Property Cease and Desist IP Litigation 52

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. That’s by design–the DMCA was designed to resolve matters outside of court. Defamation. Alper Automotive v.

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Copyright Fair Use Cease and Desist Litigation 126

TorrentFreak

MAY 29, 2023

One of the key issues in this dispute is whether YouTube actually implemented technological measures designed to control access to copyrighted works. The Elephant-Sized Hole The stream-ripper points out that rightsholders haven’t implemented any copy protection measures themselves.

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Music Copying Technology Copyright 128

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. This isn’t to say there’s been no litigation in this area.

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Trademark Copyright Cease and Desist Copying 239

Plagiarism Today

AUGUST 17, 2021

The lawsuit was brought James’ Designworks, an aggressive litigant that has brought many similar lawsuits over alleged infringement of its floor plans and home designs. According to the lawsuit, Smith penned a track named Can You Tell Me. 3: Microsoft is Looking to Use the Ethereum Blockchain to Prevent Piracy.

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Reporting Fair Use Plagiarism Licensing 130

Patently-O

AUGUST 25, 2021

The litigation has substantial parallels to Google v. WPL is a UK based software company who obtained several copies of SAS statistical software and made a clone version. Plaintiff SAS showed that it holds a registered copyright, amply argued that its asserted works are creative, and presented repeated evidence of factual copying.

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Copyright Copyright Infringement Copying Fair Use 125

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.

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Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Skull arm design. Bible verse design.

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Fair Use Licensing Ownership Copying 85

Kluwer Copyright Blog

DECEMBER 17, 2023

The calls for revisiting copyright in the wake of generative AI – with proposals to create new exceptions or design remuneration models for authors – further fortify this “faith,” I believe. Perhaps this is what makes it part of a litigation strategy: when other infringement arguments falter, fair dealing steps into the spotlight.

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Fair Use Public Domain Copyright Litigation 60

LexBlog IP

FEBRUARY 8, 2022

For a moment in March 2020, litigation stopped abruptly when the first case of COVID-19 was confirmed in New York. Within a matter of weeks, the New York State Courts shifted to online operations and, amazingly, the administration of justice continued virtually. Compensation Trust v $49.99 Sewer Man, Inc. Justice Richard M.

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Copying Litigation Business Law 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Diebold from 2004, which led to a $125k damages award.

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Registration Fair Use Copyright Designs 111

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. The decision was reported and commented on by our GuestKat Rose Hughes.

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Intellectual Property Reporting Designs Design 67

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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Litigation Copying Copyright Designs 143

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. Under this doctrine, the inventor could not then sue another for using the three-wheeled or four-wheeled design.

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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.

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Fair Use Copyright Licensing Copying 98

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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IPilogue

NOVEMBER 9, 2022

s (“WaterRower”) claim for copyright infringement in its WaterRower water resistance rowing machine on the basis that the machine is not a “work of artistic craftmanship” within the UK’s Copyright Designs and Patents Act. (“Liking”), to strike out Water Rower (UK) Ltd.’s The Facts at Issue.

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Art Artistic Work Copyright Law Designs 73

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2.

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43(B)log

OCTOBER 12, 2022

Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

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azrights

JUNE 19, 2023

People don’t understand the brand protection aspect of names, and hence don’t realise that using a weak name, adversely impacts their revenues, because such names are impossible or too difficult to enforce against competitors who copy you. Instead of wasting money litigating, they should draw a line under the matter and find a stronger name.

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Branding Brands Branding Business 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. The judge accepted Lidl’s evidence of a campaign by Lidl designed to show consumers that Tesco’s Clubcard prices were not in fact price-matched to those of Lidl.

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