Likelihood of Confusion

JANUARY 4, 2024

The post Designer Skin v. The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry in the court’s electronic case. S&L Vitamins trial update appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Copyright Infringement Copyright 52

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

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

IPilogue

JANUARY 26, 2023

With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs. What the Future May Hold The multitude of NFT disputes taking place in U.S

Trademark Law 116

Trademark Law Non-Fungible Tokens Trademark Law 116

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. AI isn’t perfect.

Designs 52

Designs Design Trademark Copyright 52

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 87

Trademark Law Trademark Law Service Mark 87

IP Law 360

APRIL 6, 2022

New York federal judges who are overseeing Nike's suit against resale marketplace StockX and Hermes' case against a Los Angeles designer are on track to be the first to decide whether nonfungible tokens can infringe trademarks for physical goods.

Trademark Law 75

Trademark Law Trademark Law Designs 75

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

JD Supra Law

JUNE 9, 2023

Of particular interest are the decisions on the use of a (descriptive) word mark preserving the rights (GOURMET), on the influence of a word element on a designed word/figurative mark by the word element (CRUSH), on the similarity of luggage and clothing. By: Hogan Lovells

Trademark 52

Trademark Trademark Law Law Designs 52

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

The IP Law Blog

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 104

Blogging Artwork Law IP 104

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

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. Learn more about Trademark law for board games and Trade Dress protection.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

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

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 69

Designs Design Artistic Work Technology 69

LexBlog IP

OCTOBER 3, 2023

Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. This article considers a sub-category of trademark law that allows for some interesting board game protection. You don’t need an emblem or a name tag to recognize this design as the legendary Lamborghini.

Trademark 52

Trademark Intellectual Property Intellectual Property Law Inventor 52

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 113

Trademark Trademark Law Designs Design 113

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 127

Registration Trademark Social Media Music 127

The IPKat

OCTOBER 1, 2022

According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.” copyright law.

Copying 97

Copying IP Copyright Law Designs 97

IPilogue

OCTOBER 21, 2022

This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled. Gucci argued that CUGGL t-shirts would confuse customers because of the font and style of the design.

Trademark 104

Trademark Branding Brands Branding 104

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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

IP Law 360

OCTOBER 4, 2022

The trademark infringement battle between Penn State and Vintage Brand over selling merchandise containing the school's trademarks raises the issue of whether designs on apparel serve as source identifiers for the goods themselves — and could significantly affect trademark law and the merchandising industry, say Cheryl Howard and David Ervin at Crowell (..)

Trademark Law 72

Trademark Law Branding Brands Branding 72

LexBlog IP

NOVEMBER 7, 2023

trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services. trademark, No. The Quarles design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field.

Television 52

Television Intellectual Property Trademark Designs 52

Technology & Marketing Law Blog

MARCH 6, 2024

Judge Morris correctly concluded that “Rule 8 requires more”—Plaintiff did not, for example, allege that Defendants “design[ed], manufacture[d] or even select[ed] the products on their website.” I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

azrights

OCTOBER 27, 2023

Crocodile International noticed that Lacoste wasn’t using the design it had registered and applied to revoke Lacoste’s trademark for non-use. This broad argument that any use of a crocodile design was use of the registered crocodile trademark was rejected out of hand by the court.

Trademark 52

Trademark Branding Brands Branding 52

JD Supra Law

JUNE 19, 2023

Whiskey-maker Jack Daniel’s had accused VIP Products of violating trademark law by selling a dog toy marketed as “Bad Spaniels” and designed to look like a bottle of Jack Daniel’s Old No. Applying the so-called Rogers test—named for an early Second Circuit ruling in this.

Trademark Law 52

Trademark Law Designs Design Marketing 52

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

JD Supra Law

DECEMBER 28, 2023

By: Linda Liu & Partners

Trademark 75

Trademark Trademark Law Designs Design 75

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Upon learning that Beijing Judian was planning to open locations in Canada, Meng raced to file trademark applications for the identical mark in Canada.

Trademark 111

Trademark Registration Advertising Advertising 111

The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging 98

Blogging Law IP Contracts 98

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 98

Trademark Law Trademark IP Blogging 98

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

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). The protection only applies in the UK.

Trademark 105

Trademark Intellectual Property Registration Designs 105

IP Law 360

FEBRUARY 27, 2023

A Manhattan federal jury's recent clearance of Thom Browne's liability in a trademark infringement case brought by Adidas over its three-stripe design highlights well-settled trademark law — different price points and channels of trade can distinguish what would otherwise be considered confusingly similar marks, says Paula Hopkins at Venable.

Trademark Law 40

Trademark Law Designs Design Trademark 40