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.

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Selvam & Selvam Blog

DECEMBER 17, 2022

In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. efiling #designs.

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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.

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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.

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Design Patent Patent Infringement Designs Design 70

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.

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IPilogue

AUGUST 5, 2022

IP, design, development, and engineering are cornerstones of this sport, with teams having to design, build, and race their cars. With large sums of prize money at stake and teams’ inability to patent the designs on which they spend millions in innovation , F1 is in a difficult position. New Name, Same Concerns?

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Designs Design IP Intellectual Property 104

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

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Designs Design Copying Copyright Infringement 64

Patent Trademark Blog

MAY 16, 2024

When competitors start copying your innovative product, what is your fallback strategy to stop them? With a life cycle of three years or less, for example, consider filing design patents to protect the appearance of your consumer product. That way, you will obtain a design patent as you continue prosecuting your utility application.

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LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest.

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Designs Design Intellectual Property Registration 52

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.

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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.

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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.

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Social Media Copying Branding Brands 52

Intellectual Property Law Blog

FEBRUARY 13, 2024

Did the Board err in finding that a POSITA would have had a motivation to combine the cited prior art references to Robinson and Greim? 2) The Board did not err in finding that a POSITA would have had a motivation to combine the cited prior art references to Robinson and Greim.

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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 ”).

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The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

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IP and Legal Filings

JULY 28, 2022

70% of the funds received from the allottees for the real estate project from time to time must be put in a separate account to be kept in a designated bank to pay the cost of construction and the cost of the land, and must only be used for that purpose. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no.

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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. Although in the copyright decision, the court made reference to “rather surprising oversights,” UpCodes corrected issues when notified by ICC. International Code Council, Inc. UpCodes, Inc.,

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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. The copyright aspects of their position statement focus on the culumative protection of design and copyright.

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The IPKat

APRIL 2, 2024

Additionally, the Mark enjoyed a narrow scope of copyright protection, and since Tesco had not copied several of the original elements of the work, the Court held that Tesco had not infringed copyright. However, the framing of the referred questions does not directly address this issue. We will await the judgment from the CJEU.

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Intellectual Property Social Media Invention Copyright 57

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. The Court held that “origin” in the Lanham Act refers only to the source of the physical products sold in the marketplace, not to the creator of the underlying creative content.

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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. Take-Two licensed Randy Orton’s likeness from WWE.

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The IP Law Blog

MARCH 14, 2024

The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM. To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.”

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TorrentFreak

AUGUST 11, 2022

This meant that the matter was referred back to the Federal Claims court, to determine the appropriate damages amount. 600,000 ‘Infringing’ Copies. This is based on the installed copies and the price both parties would have reached in a ‘fictitious’ negotiation.

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Copying Copyright Infringement Government Licensing 143

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. WS has nine relevant design patents, which it alleged Wayfair infringed.

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False Advertising Advertising Advertising Designs 59

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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Copyright Lately

JANUARY 23, 2024

The TLDR is that Sedlik owns a valid copyright in the Miles Davis photo, and Kat Von D admits to using the photo as a reference image to create her tattoo. This is the first case I’m aware of in which the owner of a copyrighted reference image has sued a tattoo artist for copyright infringement. The Good, the Bad and the.

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Social Media Fair Use Copyright Infringement Copying 140

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

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Designs Design Intellectual Property Registration 52

TorrentFreak

NOVEMBER 21, 2022

” These messages were designed to instill fear and uncertainty but didn’t lead to any notable action against those who viewed them. A copy letter obtained by Iilsole24ore identifies the send as the Nucleo Speciale Tutela Privacy e Frodi Tecnologiche , a Guardia di Finanza unit specializing in IT-related crime.

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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. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. Door-Master Corp.

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43(B)log

DECEMBER 18, 2023

The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector.

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The IPKat

DECEMBER 29, 2021

Section 4 of the report refers to detentions at the EU border and is based on data uploaded into DG TAXUD’s COPIS (the EU-wide anti- Co unterfeit and anti- Pi racy information S ystem) by the customs authorities of all the Member States. As such, section 6 was produced based on a subset of COPIS data uploaded into the IPEP (i.e.,

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The IPKat

OCTOBER 15, 2023

The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire. b) the work in question builds on and constitutes a variation of a previously known design or an ongoing design trend?

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TorrentFreak

SEPTEMBER 8, 2023

However, the focus of the conversation was on certain devices, referred to in the interview as “ISDs, Firesticks and Android apps” and their various abilities to facilitate piracy. It has the ability to record movies in cinemas, store copies for retrieval, and then distribute them on the internet.

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The IPKat

MARCH 12, 2024

Trade Marks Marcel Pemsel commented on the legal issues that were recently referred to the CJEU by the German Supreme Court. The launch of ‘Le sac Swoosh’ (or ‘The Swoosh bag’) in February raised an eyebrow from art director and graphic designer Davide Perella, who shared his version of a concept Nike bag in 2020.

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The TTABlog

AUGUST 10, 2023

Furthermore, its advertising showing pictures of the product did not inform consumers that the product design is a source indicator. Exhart's advertising refers to the product as "WindyWings," and the surrounding context indicates that the product’s name/mark is “WindyWings.”

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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. While she referred to the contrasting text as an important point of difference, she held that this did not extinguish the “ strong impression of similarity conveyed by their backgrounds” (Paragraph [91]).

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The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

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