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]

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Registration Designs Design Public Domain 52

JD Supra Law

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. By: International Lawyers Network

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Registration Designs Design Law 52

Corsearch

FEBRUARY 5, 2024

Introducing Industrial Design Search , the new AI-powered image search tool within TrademarkNow that enables IP professionals to swiftly search potential designs for registration. What is the difference between industrial designs and patents? Why is it important to register your industrial designs?

Designs 59

Designs Design Registration Trademark 59

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Designs Design Art Trademark Law 78

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 Music 128

IP and Legal Filings

APRIL 25, 2024

Introduction Section 3 of the Real Estate Regulation and Development Act, 2016 provides for prior registration of projects under the Real Estate Regulatory Authority that are undergoing completion as of the commencement of the Act and have not been granted a completion certificate by their respective local authorities.

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Registration Settlement Law Blogging 52

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. In other words, this isn’t an outlier. I wrote in favour of the extension in a submission.

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Registration Government Designs Design 142

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. To counter this issue laws are placed so that the original ideas can be protected. What Is Copyright?

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Designs Design Copyright Copyright Infringement 92

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. “Due to personal data protection laws, many ICANN-accredited registrars are now required to redact personal data from public records, which was previously available in ‘WHOIS’ databases,” ICANN explained.

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Registration Public Domain Privacy Intellectual Property 89

Intellectual Property Law Blog

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Designs Design Copying Copyright Law 246

The IPKat

SEPTEMBER 14, 2021

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

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Designs Design Intellectual Property Social Media 128

JD Supra Law

JANUARY 19, 2024

Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the petitioner’s evidence of prior use that was “analogous to trademark use.” Laverne John Andrusiek v.

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Registration Trademark Designs Design 109

LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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Registration Designs Design Intellectual Property 40

Sander Law

FEBRUARY 15, 2023

Trademark Registration for Food Businesses Do you sell food products? Then you have trademarks that are worth protecting through trademark registration! Contact Sander Law to get started! The post Trademark Registration for Food Businesses appeared first on SANDER LAW. have a restaurant?

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Registration Business Trademark Registering Trademarks 52

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

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Designs Design Registration Intellectual Property 70

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.

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Designs Design Blogging Registration 57

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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Designs Design Publishing Art 134

Erik K Pelton

NOVEMBER 27, 2023

Important note: once you have an international registration, you will be able to designate countries with WIPO. Fees that you will have to pay to use the Madrid system include WIPO basic fees Fees of each designated country. For Part 1, see here. For Part 1, see here. For Part 1, see here.

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Trademark Registration Designs Design 130

IP and Legal Filings

FEBRUARY 8, 2023

Copyright law grants authorship to the “person who causes the work to be created” for such works. Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. In this case, the copyright office allowed registration. The basis for registration is not specified.

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Registration Art Copyright Artwork 83

Intepat

NOVEMBER 20, 2023

According to Black’s Law Dictionary, copyright is acknowledged as a right in literary property, sanctioned by positive law. While copyright protection is inherent, it is noteworthy that the formal registration of copyrights provides additional advantages to the owner or author. What is Registered Copyright?

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Registration Copyright Ownership Public Domain 52

Sander Law

MARCH 1, 2023

Trademark Registration for Charities and Non-Profit Organizations Are you a charity or non-profit organization? Then you have trademarks that are worth protecting through trademark registration! Contact Sander Law to get started! The post Trademark Registration for Charities & Non-Profits appeared first on SANDER LAW.

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Registration Trademark Registering Trademarks Branding 52

Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. 17 U.S.C.A. §

Designs 130

Designs Design Copying Copyright Law 130

Sander Law

FEBRUARY 1, 2023

Trademark Registration for Musicians Are you a musician? Then you have trademarks that are worth protecting through trademark registration! Contact Sander Law to get started! The post Trademark Registration For Musicians appeared first on SANDER LAW.

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Registration Trademark Music Registering Trademarks 52

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.

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Designs Design Registration Intellectual Property 62

JD Supra Law

AUGUST 3, 2023

Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations.

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Designs Design Intellectual Property Blogging 98

Patently-O

FEBRUARY 4, 2024

GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. In a 2010 article, I concluded that “the current design patent examination system operates as a de facto registration system” with very little obviousness analysis except in cases of clear copying.

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Design Patent Designs Design Patent 53

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?

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Registration Trademark Intellectual Property Registering Trademarks 52

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.

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Designs Design Art Registration 86

IP Law 360

MARCH 5, 2024

A New York federal judge refused Monday to end Nike's trademark action accusing Bape of copying the "iconic" look of Nike's Air Force 1 and Air Jordan sneakers, finding Nike's certificates of registration sufficiently articulate the purview of its purported trade dress, including specific, written descriptions and design details.

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Designs Design Copying Registration 53

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). The Board looked to the factors set forth in In re Morton-Norwich Prods.,

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Registration Designs Design Advertising 69

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

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. 2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. The question, therefore, remains wide open: ‘ Can a single colour mark acquire registration in India?

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Registration Trademark Trademark Law Law 80

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.

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Intellectual Property Designs Design Artwork 59

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. How about Copyright or Design Protection?

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Editing Law IP Designs 105

JD Supra Law

MARCH 2, 2022

Supreme Court weighed in on the long-running copyright infringement dispute between Los Angeles fabric designer, Unicolors Inc., and global fast fashion giant, H&M Hennes & Mauritz L.P. In its 6-3 decision, the U.S.

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Registration Copyright Copyright Infringement Law 52

Selvam & Selvam Blog

NOVEMBER 11, 2021

At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Law vector created by pikisuperstar.

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Designs Design Registration Copyright 52

The IPKat

SEPTEMBER 22, 2023

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.

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Intellectual Property Law Intellectual Property Law Registration 80