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.

Designs 57

Designs Design Copyright Design Patent 57

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. 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.

Branding 52

Branding Brands Branding Copying 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. In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents.

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

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.

Artwork 52

Artwork Branding Brands Branding 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

In this regard, an important precedent lies in the history of US litigation involving Google Books. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. But he eventually reversed his own position.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

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

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

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

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.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Patent Trademark Blog

DECEMBER 13, 2023

Do you need a design or utility patent , or both ? What matters most in getting patents to stop Amazon sellers from copying your product? Ideally, you want to build IP rights with both utility and design patents. In the meantime, design patents are quicker and cheaper to obtain. So you’ve created a new product.

Design Patent 52

Design Patent Patent Designs Design 52

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 96

Blogging Copying Social Media Copyright 96

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.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

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.

Licensing 105

Licensing Litigation Technology Patent 105

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.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

LexBlog IP

MAY 8, 2023

Consider how you’re going to bring the game to market and to your business plan. and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S. Let the infringers know they’re wasting their money by copying your IP. and other key foreign countries.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. 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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 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.

Registration 112

Registration Fair Use Copyright Designs 112

Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. The Ninth Circuit began by recognizing that a product’s design like “distinctive names, logos, packages or labels” may have developed a “source-identifying appearance.”

Copying 52

Copying Marketing Marketing Advertising 52

azrights

JUNE 19, 2023

Last week I mentioned that Tesco lost the benefit of its million-pound marketing spend because it used the Clubcard name instead of a stronger name like Tescocard. Instead of wasting money litigating, they should draw a line under the matter and find a stronger name. It impacts business design and branding.

Branding 52

Branding Brands Branding Business 52

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 97

Fair Use Cease and Desist Copying Copyright Infringement 97

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.

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

Technology & Marketing Law Blog

FEBRUARY 12, 2024

“IJR copied a significant percentage of the Photo in its article, and it only cropped out the negative space while keeping the Photo’s expressive features, or the ‘heart’ of the work.” ” Market Effect. The ridiculously low economic stakes of this case are what the CCB was designed to handle.

Fair Use 89

Fair Use Licensing Copyright Marketing 89

LexBlog IP

NOVEMBER 8, 2021

They canceled orders for semiconductor chips in anticipation of a prolonged market slowdown. When the automobile market recovered faster than expected, chip manufacturers lacked the supply to keep up with the increased demand. dominated the semiconductor/integrated circuit market in the 1970s with a 70 percent market share.

Intellectual Property 52

Intellectual Property Patent Litigation Intellectual Property Law 52

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. Enforcement of your rights prevents market confusion. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

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.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Technology & Marketing Law Blog

AUGUST 16, 2023

The litigants are an employer and former employee. By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. The 512(f) claim fails. Shande will get his day in court.

Ownership 63

Ownership Cease and Desist Fair Use Copyright 63

LexBlog IP

APRIL 19, 2023

There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. Sellers need to be aware of competitor patents before introducing a product to the market.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. ” UGH, no. “Because Defendant does not dispute that it copied the entire Emmy Statuette to create the Crony Graphic, the Court finds a presumption of bad faith to be appropriate here.” Multimedia System Design , 2021 WL 3271829 (S.D.N.Y. .” Amount Taken. ” UGH.

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season.

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2021

PDF copy available. And even when a product enters the market, it generally takes about three years for the company to become profitable. The high upfront cost to develop a pharmaceutical product and the gap in time before its market entry raises the stakes for entrepreneurs and investors. Hefty upfront expenditures.

Due Diligence 52

Due Diligence IP Marketing Marketing 52

TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

Technology & Marketing Law Blog

JUNE 11, 2022

After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! We have not previously considered what is required for a copy to persist for more than a transitory period. 19-55882 (9th Cir.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

Technology & Marketing Law Blog

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. Section 230 more clearly applies to third-party ad copy than to the resulting sales.

False Advertising 63

False Advertising Advertising Advertising Marketing 63

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. And how can consumers be “diverted” with the ad copy accurately previewed what consumers could expect to get at the link terminus? Defendant cannot now hide under the cloak of cyberspace to escape liability.”

False Advertising 98

False Advertising Advertising Advertising Trademark 98