JD Supra Law

AUGUST 12, 2024

Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law.” design patents.

Design Patent 105

Design Patent Designs Design Intellectual Property 105

Plagiarism Today

JUNE 25, 2025

The tool is designed to “take inspiration” from other YouTube accounts. Although MrBeast demonstrates that it can work without “inspiration,” the ability to mimic other channels and thumbnails is presented front and center. Canva, for instance, introduced this feature in October 2023.

Plagiarism 229

Plagiarism All Rights Reserved Copyright Editing 229

IIPRD

JANUARY 7, 2025

When the present intellectual property system was developed, innovation was more sluggish and concentrated on human creativity. A human inventor serves as the central figure in the design of the patent system. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art.

IP 98

IP Intellectual Property Invention Inventor 98

Plagiarism Today

JULY 7, 2025

The lawsuit alleges that McNally made it appear easier than it is to bypass the lock and falsely presented the effort required. Judging from the responses from both sides, the fundamental disagreement is about how McNally presented Proven’s product. Here, I do have some sympathy for Proven Industries.

Copyright 253

Copyright Plagiarism Fair Use Copyright Infringement 253

JD Supra Law

JUNE 26, 2024

May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. The panel will offer guidance addressing obviousness issues in design patents. GM Global Technology Operations L.L.C. By: Strafford

Design Patent 105

Design Patent Designs Design Patent 105

IP and Legal Filings

DECEMBER 16, 2024

However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.

Branding 98

Branding Brands Branding Design 98

Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.

Design Patent 130

Design Patent Designs Design Art 130

The IPKat

MARCH 11, 2025

Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.

Copyright 70

Copyright Art Design Designs 70

TorrentFreak

NOVEMBER 4, 2024

A presentation by Massimiliano “Max” Stucchi titled: Blocking and Censoring the Italian Internet for Football Reasons , told the story of how “a small group of (influential) people can convince a country to implement draconian filtering rules…and how this can easily go wrong, all in the name of football.”

IP 117

IP Journalism Confidentiality Advertising 117

SpicyIP

APRIL 30, 2025

Inox India Limited and Others , SpicyIP intern Advika Singh Malik writes on whether the provision could have been roped in by the parties in the present case or not. Inox India Limited and Others , is the latest addition to the jurisprudence on the interplay between copyright and designs. Her previous posts can be accessed here.

Artistic Work 64

Artistic Work Design Designs Copyright Infringement 64

The IPKat

NOVEMBER 13, 2024

We learnt that at the core of the EPO’s AI integration are several specialised tools designed to streamline the search process. It was interesting to learn that training the EP-AutoCla model presented some challenges, particularly due to sparse data in the lower branches of the classification tree.

Patent 116

Patent Patent Application Reporting Design 116

SpicyIP

NOVEMBER 9, 2024

Assistant Controller of Patents and Designs , the Madras HC elaborated on this expression. According to him, patent laws are not dual examination systems to assess both invention and inventor, but are designed for the former only. Presently, there is a lot of indeterminacy around the non-obviousness analysis.

Patent Law 105

Patent Law Law Invention Inventor 105

TorrentFreak

NOVEMBER 24, 2024

link] Due to the presentation, many people believed they were paying for legal content at a discount. ” No site of any kind is named in the report so it’s impossible to visually confirm what “presenting pirated content as legitimate” actually means. What is a Fraudulent Piracy Site?

Reporting 113

Reporting Business Music Advertising 113

The IPKat

MARCH 4, 2025

Patents and SPCs Rose Hughes reviewed the capabilities and limitations of AI-powered software designed to assist in patent drafting. Copyright and Design Law Alessandro Cerri detailed a decision by a Delaware court where the fair use defense was successfully applied in a copyright infringement case.

Design 62

Design Designs Patent Drafting Fair Use 62

The IPKat

MARCH 31, 2025

The IPKat has received and is pleased to host the following guest post by Katfriend Peter Teunissen (Assistant Professor of IP Law, Radboud University), commenting on the Advocate Generals opinion in the latest reference for a preliminary ruling on Legos design case. The Community Design Regulation (CDR) takes a similar approach.

Design 62

Design Designs Patent Law Law 62

Plagiarism Today

AUGUST 9, 2022

The goal is not to provide any final judgment, but to present the user with enough data that they are able to quickly make a determination on their own. These faces combine the various data points that the tool found and presents them as a visual face. One of the more unique data points is the creation of Flury-Riedwyl faces.

Plagiarism 264

Plagiarism Contracts Publishing Reporting 264

SpicyIP

NOVEMBER 15, 2024

They present an interesting analogy to understand innovation complexity. Notably, technological capabilities are frequently the most complex and difficult to develop, and they are usually present in highly evolved, diversified economies. Complex capabilities are rare and often require diversified innovation ecosystems to flourish.

Reporting 103

Reporting Intellectual Property Technology Marketing 103

SpicyIP

JULY 7, 2025

He shares his experience as well as his co-authored presented work on attempts to trace the emergence and legitimisation of IP especially copyright law, basing his investigation on the Berne Convention. The Division Bench, however, noted that passing off is a common law right, independent of the Designs Act. 01253200 in Class 30.

Trademark 59

Trademark Invention Patent Application Copyright 59

SpicyIP

FEBRUARY 4, 2025

I attempt to: firstly , present the facts and proceedings that played out before the Court; and secondly , analyze the dimensions weighed by the Court in arriving at its decision. In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

SpicyIP

JUNE 23, 2025

Ltd vs The Controller Of Patents And Designs on 12 June, 2025 (Calcutta High Court) Image from here. The Respondent had alleged that the appellant’s use of similar design and colour scheme damages the plaintiff’s reputation. The Court dismissing the present appeal remanded the matter to the trial court.

Invention 64

Invention Trademark IP Design 64

SpicyIP

OCTOBER 23, 2024

Apart from the directions regarding the appointment and designated remuneration of the IE, the IPRD may give the IE such appropriate power to perform such examination or inspection or experiments or tests as may be necessary and for the designated costs. Now to critique the present rules.

Intellectual Property 116

Intellectual Property IP Confidentiality Copying 116

SpicyIP

JULY 4, 2025

Traditionally handcrafted with a unique toe-loop design , Kolhapuri Chappals are sold by footwear shops across India for as low as Rs.100-200 Firstly , Prada has not used the “Kolhapuri Chappal” GI in its designation or presentation of the 2026 Summer Collection, to suggest/mislead people on the origin of Kolhapuri Chappals.

Law 59

Law Social Media Registration Design 59

Plagiarism Today

SEPTEMBER 21, 2021

Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. The graphic design credit for the show is Jeremy Samples, someone St. Onge identifies as an award-winning graphic designer.

Plagiarism 246

Plagiarism Graphic Design Copying Artwork 246

SpicyIP

MAY 12, 2025

The present suit raises novel legal issues arising on account of recent technological advancements. Whether the Courts in India have jurisdiction to entertain the present lawsuit considering that the servers of the defendants are located in the United States of America.” “ 25. Legislative intent also supports this argument.

Derivative Work 100

Derivative Work Fair Use Copyright Copying 100

TorrentFreak

DECEMBER 15, 2024

When compared to a mailed cease-and-desist notice, similar documents served in person are designed to have a personal impact, and are often credited with presenting a tangible reality more likely to yield results. Acting on behalf of members Toei Animation Co., and Bandai Namco Filmworks Inc.,

Cease and Desist 104

Cease and Desist Reporting Advertising Advertising 104

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. Ruling The BGH found that the Birkenstock models could not be classified as works of applied art, but merely as designs.

Copyright 52

Copyright Art Design Designs 52

The TTABlog

NOVEMBER 27, 2024

In Strategic Partners , the Board faced "the unique situation presented by the coexistence of applicant’s existing registration with the cited registration for over five years, when applicant’s applied-for mark is substantially similar to its existing registered mark, both for identical goods.” In re Reach International, Inc.

Designs 49

Designs Design Registration Trademark 49

The IPKat

OCTOBER 19, 2024

Union-IP Roundtable: Protecting Functional Designs and Works of Art (8 November) On 8 November, Union-IP is organizing a roundtable in Amsterdam on the protection of functional designs and works of art. For further information, click here. For further information and to register, click here. For more details, see here.

Music 62

Music IP Art Blogging 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.

IP 52

IP Design Designs Artistic Work 52

Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. A natural person who only presents a problem to an AI system may not be a proper inventor or joint inventor of an invention identified from the output of the AI system. On February 13, 2024, the U.S. 2 in the Guidance. Principle No. Principle No.

Inventor 130

Inventor Invention Patent Design 130

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. Ruling The BGH found that the Birkenstock models could not be classified as works of applied art, but merely as designs.

Copyright 52

Copyright Art Design Designs 52

Intellectual Property Law Blog

JULY 25, 2023

Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

Inventor 130

Inventor Design Designs Invention 130

IP Law 360

JULY 7, 2025

billion settlement designed to provide money to past, present and future athletes going into effect on Tuesday, legal experts still wonder how and when enough will be done to set right the scales that went unbalanced for decades. With the $2.78

Settlement 52

Settlement Design Designs 52

Plagiarism Today

SEPTEMBER 2, 2022

The CCB was designed to give small creators and rightsholders a new tool to protect their copyright. Everything about the system, from the low costs, the lack of a need for lawyers and the streamlined presentation of evidence, was designed to make it more accessible to individuals and small businesses. Bottom Line.

Copyright 279

Copyright Cease and Desist Copyright Infringement Fair Use 279

The IPKat

FEBRUARY 2, 2025

The Court granted the claimant leave to amend the wilful plant patent infringement claim due to the curable deficiencies in the pleadings, and allowed trade mark infringement, false designation of origin, and unfair competition claims under the Lanham Act to proceed.

Design 57

Design Designs IP Copying 57

SpicyIP

JULY 4, 2025

In this post, I do two things: briefly share my experience and what I presented, followed by how it prompted me to think further about Indian IP law, opening a research agenda of sorts. The event features two types of presentations: one by doctoral students and the other by professors. What We Presented: The Concept of IP-sciousness?

IP 64

IP Intellectual Property Copyright Law Government 64

Intepat

APRIL 26, 2025

For musicians, this presents both exciting new tools and potential pitfalls. Design Patents for Aesthetics: If you design a unique-looking instrument or piece of equipment, a design patent can protect its visual appearance. Clear agreements and documentation are essential to protect your contributions.

Music 52

Music IP Ownership Intellectual Property 52