SpicyIP

APRIL 18, 2025

Inox India Limited and Others , Aditya Bhargava discusses the jurisprudence on the difference between copyright and industrial designs and the two-pronged test to distinguish between the two intellectual properties adopted by the Court in this case. Inox India Ltd.

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SpicyIP

APRIL 18, 2025

Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas. This became known as the functional vs. aesthetic dichotomy in design cases.

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The IPKat

NOVEMBER 7, 2021

In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). In August, Advocate General (AG) Øe advised the Court to answer that partial designs may indeed be protected under UCD rights.

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Patently-O

FEBRUARY 7, 2022

WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. design patent system. by Dennis Crouch.

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Erik K Pelton

MAY 20, 2025

Within packaging there’s a lot of different variations, for example the shape of a Coke bottle and the design and shape of an Altoids tin. Headlights and taillights which have different patterns, shapes, layouts, and designs can be registered trademarks. It conveys more of a message about the beer and the beer manufacturer.

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Trademark Registering Trademarks Designs Design 130

Intepat

APRIL 30, 2025

Introduction The intersection between copyright and design law has long been a contentious and evolving area within Indian intellectual property jurisprudence. Yet, over time, confusion has persisted regarding what qualifies as a “design” and when copyright ceases. & Anr. Inox India Ltd.

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Design Designs Artistic Work Copyright 52

SpicyIP

MARCH 27, 2023

Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!

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The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

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Intellectual Property Law Blog

JANUARY 11, 2023

It is always recommended for a mask work applicant to identify the “novel points” in the design during the registration step (e.g., The registration history may be introduced as one piece of evidence to show the materiality of the copied portions. Mask Work Infringement Defense.

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Design Designs Copying Copyright Law 189

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work 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. Compendium: Chapter 1200, sections 1201-1202.

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SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh. Both have historically been the site of some confusion.

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Design Designs Law Intellectual Property 133

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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Design Patent Design Designs Graphic Design 111

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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Design Designs Publishing Art 134

Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. However, the fee for most registrations is just $15 over the U.S. For example, a registration of a single work would be $60, $45 of which goes to the Copyright Office.

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SpicyIP

SEPTEMBER 8, 2024

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. Utilizing computer vision model trained on millions of design images, it raises the bar for image search accuracy. Design searching has been stuck in sand for a long period. For more details, read on below.

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Design Designs Registration Marketing 105

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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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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Design Designs Copyright Copyright Infringement 105

IP and Legal Filings

MAY 9, 2025

Trademark Registration Process in India: A Step-by-Step Guide Trademark registration is a crucial step for any business looking to protect its brand identity. A trademark is a recognizable sign, word, phrase, design, or combination that identifies and distinguishes products or services of a particular source.

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Registration Trademark Journalism Branding 52

JD Supra Law

MARCH 12, 2025

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional look and feel" of a products design, shape and/or 3D configuration.[1]

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Registration Intellectual Property Designs Design 68

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Image Sources: Shutterstock] Key Features: Registration of trademark is mandatory for protection against infringement, but not against passing off. Registration is not mandatory, but recommended.

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Intellectual Property Registration Designs Design 83

The TTABlog

JANUARY 28, 2025

As to appearance, "the marks share the letters PBE, but otherwise bear little or no resemblance to one another, even assuming that Applicants mark is depicted in the pink, white, and gray colors shown and claimed in the cited registration."

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Marketing Marketing Design Designs 45

Erik K Pelton

FEBRUARY 6, 2025

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S.

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The TTABlog

OCTOBER 25, 2024

The USPTO refused to register the composite word-and-design mark shown below, for cigars, finding confusion likely with the registered mark PASION for, inter alia , cigars. Of course, applicant's claim of prior use was irrelevant in this ex parte appeal because it amounted to a collateral attack on the cited registration.

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Intellectual Property Law Blog

JANUARY 11, 2023

1992) Takeaway It is always recommended for a mask work applicant to identify the “novel points” in the design during the registration step (e.g., The registration history may be introduced as one piece of evidence to show the materiality of the copied portions.

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Design Designs Copying Copyright Law 130

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.

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Registration Trademark Social Media Designs 128

JD Supra Law

JUNE 17, 2025

The notices are designed to exploit publicly available information, and these fraudulent communications often create a false sense of urgency or appear to be official communications and typically request payment for services such as trademark monitoring, renewal, or registration in various directories. By: Troutman Pepper Locke

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Trademark Registration Designs Design 65

IP and Legal Filings

JUNE 12, 2025

Fashion brands contribute a lot to the changing trends in the fashion industry with their creative designs. This creativity is rewarded via protection under IP laws, mainly under design rights, copyrights, and trademark protection. Right from Y2K trends to 90s minimalist fashion, we observe that fashion isn’t ever constant.

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IP Branding Branding Brands 59

Erik K Pelton

AUGUST 20, 2024

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Receive a registration certificate.

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Registration Trademark Branding Branding 130

The IPKat

NOVEMBER 25, 2024

The court was asked to decide whether the American artist Katy Perry was liable for trade mark infringement and whether the trade mark “KATIE PERRY” registration should be cancelled. Designs Anastasiia Kyrylenko discussed the EU design reform, Regulation (EU) 2024/2822 , and Directive (EU) 2024/2823.

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Designs Design Art Registration 67

The IPKat

APRIL 10, 2025

The dispute concerns the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand has been around since the nineteenth century and its trade marks are well-known.

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Registration Designs Design Branding 89

Michael Geist

OCTOBER 4, 2023

The CRTC’s decision to require registration for a wide range of Internet sites and services that meet a $10 million revenue threshold, including podcasters, adult sites, and news sites, appears to have taken many Canadians by surprise. I wrote in favour of the extension in a submission. This is the result.

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Erik K Pelton

MAY 9, 2022

Examples of those interiors are the Apple Store has a registration for the layout of the store, and Chipotle has a registration for the common design themes that you’ll find in nearly every Chipotle. Footwear designs can also be registered as trademarks. Uniforms can be protected.

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Trademark Registering Trademarks Registration Designs 189

The IPKat

MARCH 25, 2025

There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation (CDR). Liquidleds) obtained registered Community design (RCD) no. Interpretation of Art.

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Art Designs Design Intellectual Property 57

JD Supra Law

NOVEMBER 8, 2024

Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors. By: Amundsen Davis LLC

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The TTABlog

NOVEMBER 27, 2024

Applicant Reach International argued that, under the Strategic Partners approach, its prior registration for a similar mark should serve to overcome the refusal. The applicant owned a registration for the mark ANYWEARS, which was substantially similar to the mark ANYWEAR that applicant sought to register, for the same goods (footwear).

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The IPKat

DECEMBER 2, 2024

Former GuestKat Nedim Malovic (ASSA ABLOY) commented on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks which was also discussed during last October's IPKat webinar on image rights. The case highlighted the importance of the quality of the evidence.

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Intellectual Property Intellectual Property Law Designs Design 62

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

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