Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

Design Patent 89

Design Patent Designs Design Patent 89

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

LexBlog IP

MARCH 21, 2023

Broadly speaking, AI tools can present both incoming and outgoing intellectual property issues. By design, generative AI improves upon its technology by incorporating user prompts in its training data. Those interested in a more general conversation about current AI frameworks can see our article here.

Intellectual Property 59

Intellectual Property Confidentiality IP Copyright Infringement 59

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 100

Marketing Marketing Privacy Intellectual Property 100

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

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. But here, presented evidence that was “equivocal, at best.”

Designs 73

Designs Design Registration Trademark 73

JD Supra Law

DECEMBER 2, 2022

The Trademark Trial and Appeal Board’s recently issued precedential decision dismissing an opposition alleging a likelihood of confusion between the registered mark SMOK and a pending application for the mark SMOKES and Design (below) presents a number of interesting priority issues, including: 1) priority as it uniquely impacts applications for marks (..)

Marketing 52

Marketing Marketing Designs Design 52

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

Designs 67

Designs Design Art Marketing 67

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

Art Law Journal

APRIL 13, 2022

If you are a non-professional artist who is eager to turn your artistic talents into a career in graphic design, you’ve come to the right place. In this article series, you’ll find valuable information on building and maintaining a career in the creative space, including learning graphic design. What does a graphic designer do? .

Graphic Design 52

Graphic Design Designs Design Art 52

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? If age authentication isn’t done through a review of the user’s face, then typically users must present documents that authenticate their ages. For more on the bill, see my prior coverage: Op-ed.

Designs 92

Designs Design Privacy Business 92

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. This commentary presents some of our findings. Before turning to some illustrations, we note that the Compendium of U.S.

Designs 73

Designs Design Copyright Design Patent 73

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

Marketing 52

Marketing Marketing Trademark Invention 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

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc.,

Advertising 59

Advertising Advertising Marketing Marketing 59

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. The post E-Contract India’s present legal framework and next steps first appeared on IPLF.

Contracts 52

Contracts Business Technology Law 52

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

Branding 52

Branding Brands Branding Marketing 52

IP and Legal Filings

MAY 10, 2024

Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Likewise, IP marketing plays a pivotal role, markets are identified where usage of technology is exchanged or transferred by recognizing prospective stakeholders. link] Transferring Technology from Lab to Market.

Intellectual Property 96

Intellectual Property Technology Licensing Invention 96

Dragons' Den

FEBRUARY 1, 2024

From a hair care revolution to dental hygiene for cats, the Den saw a variety of presentations, each with their own unique challenges and opportunities. We decided to have patents in as many markets as possible. When it isn't possible or cost effective to patent an invention, design registration may be the solution.

Blogging 64

Blogging IP Intellectual Property Designs 64

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. These had been circulating on the market since, at least, 2017.

Registration 91

Registration Designs Design Marketing 91

LexBlog IP

JUNE 30, 2023

As we previously reported , the FDA first approved CYLTEZO in 2017, and in 2021 approved its supplemental Biologics License Application as the first and, at present, still only, HUMIRA® (adalimumab) biosimilar to receive interchangeable status. Stay tuned to Big Molecule Watch for continued updates on this topic.

Designs 52

Designs Design Branding Brands 52

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

The IPKat

OCTOBER 13, 2023

to 5.00pm CEST, the Fide Foundation, the Transatlantic Intellectual Property Academy (TIPSA), and the European Intellectual Property Teachers' Network (EIPTN) present the 30th Global Digital Encounter. IP Implications of the data economy On Tuesday 17 October 2023 from 4.00

Intellectual Property 67

Intellectual Property Designs Design Inventor 67

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

Invention 111

Invention Art Designs Design 111

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs brief.

False Advertising 113

False Advertising Advertising Advertising Patent 113

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Cite to Ohio State v. Zazzle * CafePress May Not Qualify For 512 Safe Harbor – Gardner v.

Artwork 96

Artwork Trademark Publishing Marketing 96

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.”

Social Media 62

Social Media Advertising Advertising Music 62

LexBlog IP

MARCH 3, 2022

Results of the PROPER study, an interim analysis assessing the safety and efficacy of switching from Abbvie’s Humira to Samsung Bioepsis’s biosimilar adalimumab product, SB5, were presented last week at the European Crohn’s and Colitis Organization’s annual meeting.

Designs 52

Designs Design Marketing Marketing 52

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. Market Reach & Presence.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

IPilogue

MARCH 10, 2023

At the heart of the case was Adidas’ iconic three-stripe design, which the company claimed was being infringed upon by Thom Browne’s four-striped signature. This prompted Adidas to reach out to the designer in 2007, citing the similarity between the two brands’ designs. Adidas does not own stripes,” said Robert T.

Trademark 59

Trademark Branding Brands Branding 59

IPilogue

MARCH 6, 2023

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., The court also took issue with Louboutin’s market research. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

U.S. Department of Commerce

OCTOBER 30, 2023

“All of this investment will help to drastically change our communities for the better and help ensure that minority, small, and underserved businesses can have an equal opportunity to participate, compete, and thrive not only in America, but in export markets abroad,” he said. Department of Commerce.

Business 96

Business Contracts Government Designs 96

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.” Consider the corset teddy dress inspired by a Spring 1992 original.

Copying 97

Copying IP Copyright Law Designs 97

The IPKat

DECEMBER 27, 2021

The findings The UKIPO’s findings are based on a quantitative survey of 1,000 female (studies suggest that influencer marketing is “ highly gendered ”) consumers in the UK, aged 16 to 60 and who use social media at least once per week. The same appears to be true, at least in certain cases, for the purchase of counterfeits.

Social Media 117

Social Media Reporting Advertising Advertising 117

LexBlog IP

JUNE 13, 2023

On 6 June 2023, the European Commission (the Commission ) launched a consultation on the template for the compliance report that designated “gatekeepers” will be required to submit annually under the Digital Markets Act ( DMA ). These reports will then have to be updated annually.

Reporting 52

Reporting Confidentiality Designs Design 52

LexBlog IP

DECEMBER 7, 2022

But, we warned, dark patterns had the potential to dramatically reshape how we look at marketing and blur if not obliterate the lines between clever marketing and unlawful marketing. And it may be time to pay closer attention to some of the things your marketing department is doing.

Web Design 52

Web Design Marketing Marketing Registration 52

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Infringement Of IPR – Design or Artistic Work?

Artistic Work 45

Artistic Work Designs Design Copyright 45