Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel. . Only the eyes should be used to enjoy the design.

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Biswajit Sarkar Copyright Blog

AUGUST 11, 2022

What are designs? Designs are the visual features of objects, something that is solely perceived by the eye. In India, Designs are protected under the Designs Act, 2000. Why register a design? The cognitive efforts and the creativity involved in making a design have some value in the eyes of the law.

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Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure. PROCEDURE.

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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.

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Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? If age authentication isn’t done through a review of the user’s face, then typically users must present documents that authenticate their ages. For more on the bill, see my prior coverage: Op-ed.

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43(B)log

AUGUST 11, 2021

It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. International Code Council, Inc. UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Where these are not provided, UpCodes has integrated the local amendments.”

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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Plagiarism Today

JANUARY 4, 2023

According to Google, there were at least 50 instances of copying, some of which were “word-for-word”. Copy and Paste Roundup. However, it’s difficult to make that claim of impartiality when your reports copy and paste heavily from outside sources without attribution. Unattributed use of outside content does not help that image.

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Plagiarism Today

SEPTEMBER 21, 2021

All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. And despite copying my video, the episode still contains several errors, like saying the Orlando version has 2 ride systems while showing 4.

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TorrentFreak

FEBRUARY 28, 2024

In all cases, whether on physical cartridges or supplied as digital downloads, Switch games contain security measures designed to prevent copying or being run on unauthorized devices. “Only because Yuzu decrypts a Nintendo Switch game file dynamically during operation can the game be played in Yuzu. .

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”). ” 10 F.4

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Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Citing Muhammad-Ali v. Final Call, Inc.,

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Dragons' Den

FEBRUARY 1, 2024

From a hair care revolution to dental hygiene for cats, the Den saw a variety of presentations, each with their own unique challenges and opportunities. For businesses like Manta Hair, securing design rights or patents can offer a quicker path to protection, ensuring the uniqueness of their product is safeguarded in the market.

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The IPKat

DECEMBER 26, 2023

Ann Wolff, a sculptor started working with Kosta Boda, a Swedish glass manufacturer, in 1972, creating the iconic "snowball" glass lantern, a staple of Swedish household design: As of today, more than 15 million copies of the glass lantern have been sold worldwide.

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The TTABlog

JANUARY 19, 2024

The Board upheld a refusal to register the proposed product configuration mark shown below, for "dental floss," the mark comprising "the presentation and 3-Dimentional (sic) appearance of a dental floss product, specifically comprising an arbitrary bundle of blue looped dental floss."

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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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IP and Legal Filings

MAY 13, 2024

ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use. Image Sources: Shutterstock] Basic understanding of Copyright Copyright is a legal theory that provides artists complete ownership over their creative works, preventing unauthorised use and copying.

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The IPKat

SEPTEMBER 4, 2022

The copy was subsequently removed from the NGO’s website at Safarov’s request. The ECtHR then reviewed national law and found that none of the copyright exceptions available therein, notably those considered by the national courts (private copying, and libraries and archives) in the background proceedings, would be applicable.

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The IPKat

SEPTEMBER 22, 2023

The beauty of this book is that the authors have taken all the above into consideration and have presented this book with deliberate simplicity and yet deep in scope and analytical preponderance. Chapter two presents the legal and policy framework for IP protection at the international, regional and domestic levels.

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Patently-O

AUGUST 13, 2021

Question presented: Can a document qualify as a printed publication if it is stored on a password-protected website, not accessible to the public, and available only to customers who pay over $25,000 dollars to purchase related software? Centripetal Networks, Inc. Cisco Systems, Inc. , 21-193 (Supreme Court 2021). Centripetal Networks, Inc.

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LexBlog IP

AUGUST 19, 2021

Design Patent Nos. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described. Most of the features in the drawings are shown in dashed lines, meaning that they are not part of the claimed design. Design Patent No.

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Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The PTAB found evidence showing Brunswick copied the Forward Drive in developing its competing Bravo Four S product.

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The IPKat

DECEMBER 4, 2023

Incidentally, both proceedings stemmed from a long-running dispute between Piaggio and a Chinese company accused by the former of parasitically copying the Vespa design. patents for technical functionality and copyright and design rights for substantial value) gets circumvented through trade mark law.

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Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

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The IP Law Blog

DECEMBER 8, 2022

The kit is intended to alleviate a child’s fear that Santa Claus might not leave presents. For example, when you and your friends want to chip in to buy another friend a birthday present, someone collects the money from the others and buys the gift. One such patent is a design patent for an artificial Christmas tree.

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The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. As to the second factor, there was no evidence of advertising touting the utilitarian benefits of the Ridge Designs. In re Morton-Norwich Prods.,

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LexBlog IP

APRIL 6, 2023

The Supreme Court of the United States has held that product designs themselves can never be inherently distinctive as indicators of source, and accordingly can only be properly registered as a mark upon a showing of acquired distinctiveness.

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Corsearch

FEBRUARY 22, 2024

Trademark protection is granted to any word, phrase, symbol, or design that conveys a specific brand identity, and it prevents other companies from using similar marks that could cause confusion among consumers and dilute the original brand’s value. Keep in mind that copying is not considered flattery in the world of trademarks.

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IP Intelligence

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. The software company SAS Institute Inc. Maybe they’re not.

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IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. It was decided by the Supreme Court in the case that the cinematographic films do have the copy right it was on of the issue in the case of Yash Raj Films vs Sri Sri Ganesh Productions. [1]

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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.

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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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TorrentFreak

MAY 22, 2022

DMCA takedown notices give copyright holders the ability to remove copies of their content from websites that have no right to distribute them. Fortunately, Google consulted Google and discovered that the Google DMCA notice it allegedly sent to itself to protect YouTube was actually bogus (Lumen copy here ).

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TorrentFreak

NOVEMBER 20, 2023

” For balance, the MPA notes that the government should avoid steps that might undermine IP protections, in response to the challenges presented by AI, for example. The UK receives praise for its intellectual property framework, with the MPA describing it as a “gold standard internationally.”

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SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

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