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. There have been some court decisions on this precise topic, but the law is not completely settled. This isn’t limited to logo design. Not yet, anyway.

Designs 52

Designs Design Trademark Copyright 52

Patently-O

JUNE 8, 2023

The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply. 1125(c)(3)(A). It will be subject to liability regardless.

Trademark Law 68

Trademark Law Trademark Law Fair Use 68

The TTABlog

JANUARY 23, 2024

e), the CAFC has re-designated as precedential its opinion in In re GO & Associates, LLC , Appeal No. 14, 2023, re-designated as precedential, January 22, 2024). At the request of the USPTO under Fed. 2022-1961 (Fed.

Designs 62

Designs Design Registration Service Mark 62

IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Determining the degree of similarity requires considering the label as a whole.

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Judgment of Indian Courts on Color Marks. Case No: A3/2016/3082).

Trademark Law 105

Trademark Law Trademark Law Branding 105

IPilogue

OCTOBER 21, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear).

Trademark 104

Trademark Branding Brands Branding 104

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Average Price for a Utility Patent filing ranges from $5000-$6500.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

The IPKat

MAY 17, 2023

Designs Can a third party rely on the 12-month grace period for prior design disclosure? Marcel Pemsel analysed the CJEU’s General Court decision in Activa – Grillküche, which dealt with the 12-month grace period for publications under the Community Design Regulation to be protected from public disclosures of identical designs.

Designs 67

Designs Design Copyright Infringement Copyright 67

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Designs 105

LexBlog IP

OCTOBER 3, 2023

Trade Dress for Board Games Examples of Board Game Trade Dress Most savvy entrepreneurs know to apply for trademarks on their product names, company names, logos, and slogans. Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. OR- How about this car.

Trademark 52

Trademark Intellectual Property Intellectual Property Law Inventor 52

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. What is a Trademark?

Trademark 40

Trademark Patent Invention Intellectual Property 40

Patently-O

FEBRUARY 3, 2023

Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. Rather, trademark is designed as a consume-protection and market-function tool and so focuses on consumer perception. On appeal, the TTAB reversed the refusal.

Registration 128

Registration Trademark Social Media Music 128

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

Designs 71

Designs Design Artistic Work Technology 71

The IPKat

MAY 30, 2023

GRUR , established in 1891, is a recognized non-profit scientific association of all members of professional groups and organizations active in the field of intellectual property law; these are, particularly, law professors, judges, civil servants, lawyers, patent attorneys and representatives of associations and companies.

Intellectual Property 70

Intellectual Property Intellectual Property Law Designs Design 70

SpicyIP

JANUARY 23, 2023

Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Other Posts COVID-19 Vaccine Patent Infringement?

Designs 105

Designs Design Invention Registration 105

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 62

Law Designs Design Trademark 62

The IPKat

FEBRUARY 6, 2022

Best Patent Law Book The nominations were: EPC.App and PCT.App (Self-editable EPC and PCT reference books) Patent Subject Matter Eligibility: A Global Guide, (eds) Paul W Browning, Christopher C Johns and Sara A Leiman The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA, by Jorge L.

Intellectual Property 145

Intellectual Property Editing Copyright Law Intellectual Property Law 145

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

Government 105

Government Trademark Patent Patent Application 105

LexBlog IP

AUGUST 3, 2023

In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools is whether the works of art or inventions (including works of industrial design) created using these tools can still be considered the creation of the individual author or designer.

IP 52

IP Intellectual Property Artwork Designs 52

The IPKat

FEBRUARY 12, 2024

Authors in the subsequent section explore industrial property rights, with Nari Lee delving into inventors and patents, Giorgio Spedicato shedding light on industrial design, and Genevieve Wilkinson discussing trade marks.

Moral Rights 73

Moral Rights IP Intellectual Property Public Domain 73

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

IP 132

IP Branding Brands Branding 132

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 99

Trademark Law Trademark IP Blogging 99

The IPKat

MAY 11, 2024

obtained a US plant patent ( No. You wouldn't know it from the recent press releases, but the patent specification indicates that the name of the variety is actually ‘Vintage Ruby’. Why does the patent use a different name from the registered trademark? The producers of this luxury fruit, Fresh Del Monte Produce Inc.,

Trademark 109

Trademark Registering Trademarks Marketing Marketing 109

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Traffix may work to shove a bunch of subject matter into patent.

Trademark Law 75

Trademark Law Law Trademark Registration 75

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? It’s text and not design so we don’t call it ornamentality. Wal-Mart is, in part, an expression of the belief that consumers are not particularly malleable when it comes to product design.] In the fair use calculus?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

IP and Legal Filings

JUNE 12, 2023

Patents Utility patents are one class of patents that are relevant to the food sector. Any novel, practical, and nonobvious process, apparatus, production, or compound is protected by a patent. You can get them for a food recipe, a food’s makeup, or cooking methods.

IP 76

IP Intellectual Property Trademark Designs 76

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement has been passed by Justices G.S.Patel & Justice Gauri Godse. Syngenta Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

SEPTEMBER 3, 2021

Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. In fact, businesses have begun to extend the scope of Intellectual Property laws by protecting subsets of their products or services. Store layouts is a type of non-conventional trademark.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law.

Intellectual Property 52

Intellectual Property Law Business Designs 52

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . The Constitution gives the United States Congress the authority to grant copyright and patent rights to artists, authors, and inventors. Code covers patent law. .

Intellectual Property 52

Intellectual Property Inventor Art Music 52

IPilogue

NOVEMBER 22, 2022

Indeed, when searching the United States Patent and Trademark Office (“USPTO”) database, the signature pose has been registered for many industries, including eyewear and accessories, clocks and watches, leathers, bags, clothing, footwear, games, entertainment, restaurants, etc.

Trademark 59

Trademark Social Media Branding Brands 59

SpicyIP

FEBRUARY 21, 2024

Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction. The Counsels for the Hershey Company (in page 8, para 8) argued that the designation of ‘High Court’ should be under Section 2(1)(i) of the Patents Act, 1970. in Girdhari Lal Gupta v.

Trademark 105

Trademark Intellectual Property Designs Design 105

IPilogue

MARCH 6, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co.,

IP 59

IP Branding Brands Branding 59

SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. 8(b) and “scandalous marks (S.

Trademark 59

Trademark Law Trademark Law Registration 59