The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

Copyright Law 78

Copyright Law Art Designs Design 78

The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

Designs 86

Designs Design Art Registration 86

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

azrights

JUNE 7, 2022

If you design IP protection into the business through your agreements, choice of brand name and other identifiers you strengthen your position against the most common and damaging forms of copying in business. Although I engaged a designer for my “branding”, all I essentially got from the expensive exercise was a logo, and a website.

Marketing 59

Marketing Marketing Business Designs 59

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

Designs 74

Designs Design Cease and Desist Design Patent 74

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Designs 62

Designs Design Registration Intellectual Property 62

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." The Board found petitioner's "fawn" design mark to be inherently distinctive. Capital Distributors, LLC and Capital Imports, LLC. Cancellation No.

Designs 70

Designs Design Registration Marketing 70

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

Designs 52

Designs Design Intellectual Property Law Artistic Work 52

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

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.

Designs 52

Designs Design Registration Marketing 52

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 91

Designs Design Art Registration 91

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

Registration 127

Registration Trademark Social Media Music 127

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

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.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity.

Designs 73

Designs Design Registration Trademark 73

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Specifically, article 4.2 of Regulation 6/2002. of Regulation 6/2002). Article 4.3

Designs 90

Designs Design Intellectual Property Registration 90

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.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

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

The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. Moreover, the alligator design is larger that the wording in applicant's mark. Lacoste Alligator S.A. And so, the Board sustained the opposition. Read comments and post your comment here.

Designs 89

Designs Design Advertising Advertising 89

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.

Designs 52

Designs Design Intellectual Property Registration 52

Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. It also asks whether there should be a separate bar for design patent practitioners.

Design Patent 56

Design Patent Designs Design Litigation 56

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.

Designs 52

Designs Design Trademark Copyright 52

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work. This commentary presents some of our findings.

Designs 73

Designs Design Copyright Design Patent 73

The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. Bona Fide Intent: The Board observed that starting a small business to make and sell plates and mugs printed with designs "is not rocket science." Monster Energy Company v.

Designs 62

Designs Design Registration Business 62

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. That application issued to registration in December 2021.

Designs 70

Designs Design Marketing Marketing 70

IP and Legal Filings

JUNE 14, 2023

A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name. The expenses associated with trademark registration pale in comparison to this. For a marketer, a brand is what represents the values of a company and aims to create awareness and trust.

Marketing 52

Marketing Marketing Intellectual Property Branding 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.

Designs 52

Designs Design Registration Copying 52

LexBlog IP

SEPTEMBER 18, 2023

Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. Mandatory Registration and Validity of Dispositions: Dubai Law No. 7/2006, as amended by Dubai Law No. 7/2019, lays down the foundation for property transactions in Dubai.

Marketing 52

Marketing Marketing Due Diligence Registration 52

Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Branding 105

Indiana Intellectual Property Law

APRIL 26, 2024

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®. Continue reading

Branding 52

Branding Brands Branding Trademark 52

The IPKat

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. The applicant maintained its request for registration.

Registration 91

Registration Designs Design Marketing 91

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

Registration 52

Registration Trademark Intellectual Property Registering Trademarks 52

LexBlog IP

JANUARY 27, 2022

Trademark Scam Alert: Fraudulent Low-cost trademark design & filing sites. 360 Digital Marketing LLC, and Retrocube LLC. 360 Digital Marketing LLC, and Retrocube LLC. These entities claimed to promote “low-cost trademark design and filing websites” and are accused of having defrauded applicants and the USPTO.

Designs 52

Designs Design Trademark Branding 52

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.

Designs 52

Designs Design Intellectual Property Registration 52

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The post European IP Office Denies Trademark Registration for “I Love You” Emoji ?

Registration 83

Registration Trademark IP Advertising 83