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.

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Biswajit Sarkar Copyright Blog

OCTOBER 21, 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

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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Registration Designs Design Copying 52

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.

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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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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. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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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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Design Patent Designs Design Patent 51

Biswajit Sarkar Copyright Blog

JULY 21, 2022

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. The exclusive right to import for sale any article in which the design is registered.

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Designs Design Copyright Registration 52

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. Registration of a Mask Work. Id, section 1206.

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Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.

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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.

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The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs").

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Registration Advertising Advertising Designs 68

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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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. Mathison and Co.

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Designs Design Registration Publishing 52

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

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 of piracy of registered designs and remedies. In this article, we shall explore the acts of piracy of registered designs and remedies.

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Designs Design Registration Publishing 52

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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Designs Design Registration Copying 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

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LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

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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. On 5 th May 2022 , China becomes a member of the Hague System.

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Designs Design Intellectual Property Registration 52

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957.

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LexBlog IP

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Designs Design Copying Copyright Law 52

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. Well, they’re right, I can apply, but registration surely won’t be granted. That doesn’t mean you’re in the clear for ownership and registration, however.

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Designs Design Trademark Copyright 52

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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Designs Design Copyright Artistic Work 52

Art Law Journal

JANUARY 21, 2021

It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them.

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Art Law Journal

JANUARY 21, 2021

It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them.

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Designs Design Copyright Copying 52

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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azrights

JUNE 7, 2022

It frustrates me that people turn to me when they’re copied, assuming this is the kind of work I’m engaged in doing, when they’ve never consulted me before about their IP. Although I engaged a designer for my “branding”, all I essentially got from the expensive exercise was a logo, and a website.

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The IP Law Blog

SEPTEMBER 28, 2023

The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”).

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Olartemoure Blog

NOVEMBER 29, 2023

Provides Stronger Defense: Registration helps defend your creations better in case of disputes. Say No to Copycats: Letting others know your content is protected deters them from copying it. Trademark your Brand: Protect your brand name, logo, or design that distinguishes you.

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The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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43(B)log

APRIL 29, 2024

(In brief: Meishe argued that Tiktok copied its code via an employee who departed. The trade secret claims were likewise dismissed with leave to amend, including to specify what acts in furtherance of the offense were committed in the US.)

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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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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. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

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