JD Supra Law

SEPTEMBER 1, 2021

It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU design system has significant advantages as well as certain disadvantages compared to the US system.

Designs 100

Designs Design Design Patent Business 100

The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

Designs 128

Designs Design Art Litigation 128

Canadian Intellectual Property Blog

AUGUST 23, 2023

At the same time, the definition of “small entity” in the Patent Rules will be broadened from the current 50 employees to fewer than 100 employees, which would mean that more companies can fall into the small entity category and thus utilize the lower official fees.

Intellectual Property 52

Intellectual Property Patent Application Intellectual Property Law Designs 52

Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

Designs 52

Designs Design Copyright Copyright Law 52

Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But projected designs aren’t new.

Design Patent 69

Design Patent Designs Design Patent 69

LexBlog IP

MARCH 5, 2024

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. This broad definition covers everything from literature to music to photographs, and — since a 1990 amendment to the Copyright Act — the design of buildings.

Designs 52

Designs Design Copyright Intellectual Property 52

IP Tech Blog

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 57

Designs Design Blogging Registration 57

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

Designs 73

Designs Design IP Art 73

Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

Designs 133

Designs Design Trademark Patent 133

LexBlog IP

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 52

Designs Design Registration Blogging 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.

Designs 52

Designs Design Copyright Artistic Work 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Designs Design Patent 52

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

Registration 65

Registration Designs Design Trademark 65

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Designs Design Public Domain 52

Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? If that is true, getting a design patent would not necessarily protect you from infringement of utility patents. But, what if getting a design patent could somehow protect you from infringing other design patents? Design patents, however, present a unique twist.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

APRIL 1, 2024

the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs. Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. By: AEON Law

Copyright Law 72

Copyright Law IP Designs Design 72

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

Designs 67

Designs Design Art Marketing 67

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Legal Zoom

AUGUST 8, 2022

A release of liability form is designed to safeguard you against lawsuits by planning for and addressing potential disputes.

Designs 52

Designs Design 52

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design. I’ve blogged that case three times as well, in Feb. What the Court Said.

Designs 112

Designs Design Litigation Blogging 112

The TTABlog

JUNE 28, 2022

Examining Attorney Julie Choe submitted dictionary definitions of "cosmetics" as well as a definition provided by the U.S. The Board concluded that Krete's goods fell within those definitions. In re Krete LLC , Serial No. 90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. Food and Drug Administration (FDA).

Designs 44

Designs Design Registration Ownership 44

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? The bill’s winners are few and far between, and definitely not the constituents that the California legislature should be trying to help. I did a media interview regarding AB 2273 that I thought was worth sharing here.

Designs 92

Designs Design Privacy Business 92

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

Michael Geist

FEBRUARY 26, 2024

The first involves the definitions for harms such as inciting violence, hatred, and bullying. However, the definitions are not without risks that they may be interpreted in an over broad manner and have implications for freedom of expression. The definitions are where there may concerns in some instances. How are these defined?

Social Media 141

Social Media Government Privacy Reporting 141

IP Watchdog

APRIL 12, 2023

This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, this Part 2 will deal with the timelines that govern the proceedings before the UPC. On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court.

Patent 122

Patent Government Designs Design 122

The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.

Cease and Desist 67

Cease and Desist Designs Design Copyright Infringement 67

The TTABlog

JULY 14, 2021

The Examining Attorney relied on, inter alia , definitions of "aqua" (water") and "char" (a charred substance: "CHARCOAL") in maintaining that AQUACHAR describes a characteristic of the products. Applicant submitted negative dictionary evidence showing no definition for AQUACHAR. A second definition of "char" is "a charred substance."

Designs 52

Designs Design Advertising Advertising 52

Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

Social Media 134

Social Media Editing Government Law 134

The TTABlog

FEBRUARY 12, 2024

As to incongruity, “it must be shown that in combination the descriptiveness of the individual words has been diminished, that the combination creates a term so incongruous or unusual as to possess no definitive meaning or significance other than that of an identifying mark for the goods.” In re What Do You Meme, LLC , Serial No.

Advertising 117

Advertising Advertising Trademark Designs 117

SpicyIP

DECEMBER 26, 2023

The Assistant Controller of Patents and Designs- A Reasoned Judgement or Inherently Contradictory? Thus, it is reasonable to note that the court is concluding that existing definitions or jurisprudence around the definition of “ technical effect or contribution ” is unclear.

Technology 59

Technology Licensing Designs Design 59

The IPKat

FEBRUARY 21, 2022

Aside from the purely fiscal considerations, it is important to note that the very first version of the Italian Patent Box initially included the following definition of “intangible assets” as being: (i) Software; (ii) Patents; (iii) Trademarks; (iv) Designs and models; (v) legally protectable business information and industrial and technical experience, (..)

Designs 70

Designs Design Patent IP 70

Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

Cease and Desist 168

Cease and Desist Television Licensing Designs 168

The IPKat

APRIL 12, 2023

Normal 0 false 21 false false false DE X-NONE HE A design for a component part of a complex product can enjoy design protection in the EU only if the component part remains visible during normal use of the complex product ( Art. 4(2)(a) of Regulation 6/2002 , ‘Design Regulation’). 3(c) Design Regulation ).

Designs 85

Designs Design Art 85

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Liking”), to strike out Water Rower (UK) Ltd.’s The Facts at Issue.

Art 73

Art Artistic Work Copyright Law Designs 73

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. At issue in the appeal is a ruling from the U.S.

Trademark 116

Trademark Trademark Law Designs Design 116

Likelihood of Confusion

FEBRUARY 11, 2024

Definitely laugh or cry. Then read this really good article on Counterfeit Chic which stands for the proposition that designers shouldn’t use their own names on their labels. Read it and laugh. Then laugh. Originally posted 2010-08-10 17:08:47.

Blogging 52

Blogging Designs Design Law 52