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.

Registration 52

Registration Settlement Law Blogging 52

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

Copyright Law 78

Copyright Law Art Designs Design 78

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity. ” In general, that amount of evidence is insufficient to support a product design trade dress registration. .”

Designs 73

Designs Design Registration Trademark 73

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

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs").

Registration 68

Registration Advertising Advertising Designs 68

The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. The applicant maintained its request for registration. These had been circulating on the market since, at least, 2017.

Registration 91

Registration Designs Design Marketing 91

The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. This post presents some of the highlights of the Protocol. See Article 6.

Related Rights 95

Related Rights Registration Copyright Contracts 95

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

Registration 52

Registration Trademark Advertising Advertising 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 76

Registration Trademark Trademark Law Law 76

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

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure. PROCEDURE.

Designs 52

Designs Design Registration Copying 52

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. Infringement of Industrial Designs .

Designs 45

Designs Design Registration Contracts 45

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. In 2015, it sought copyright registration of this useful article as a sculptural work.

Designs 73

Designs Design Copyright Design Patent 73

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

Indiana Intellectual Property Law

MAY 2, 2024

The U.S. (..)

Registration 52

Registration Trademark Designs Design 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

Designs 52

Designs Design Copyright Artistic Work 52

LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

Designs 40

Designs Design Intellectual Property Intellectual Property Law 40

JD Supra Law

SEPTEMBER 28, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. By: Quarles & Brady LLP

Copyright 52

Copyright Designs Design Registration 52

The TTABlog

FEBRUARY 7, 2022

In a nonprecedential disposition, the CAFC upheld the TTAB's decision [pdf here ] granting a petition for cancellation of a registration for the mark ETHIK CLOTHING CO. & Design for various clothing items. The Board deemed confusion likely with the mark ETHIKA for overlapping clothing items.

Designs 57

Designs Design Registration Trademark 57

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52

Designs Design Patent Application Intellectual Property 52

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 73

Registration Trademark Social Media Designs 73

The IPKat

SEPTEMBER 22, 2023

The beauty of this book is that the authors have taken all the above into consideration and have presented this book with deliberate simplicity and yet deep in scope and analytical preponderance. Chapter two presents the legal and policy framework for IP protection at the international, regional and domestic levels.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

Indiana Intellectual Property Law

OCTOBER 18, 2021

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in September 2021 based on applications filed by Indiana trademark attorneys: Reg. DDSMATCH.COM SUCCESSFULLY CONNECTING THE DENTIST’S PRESENT WITH THEIR FUTURE. INSPIRE DESIGN CENTER. A ALPHA DESIGN. COASTAL MIX.

Registration 52

Registration Trademark Designs Design 52

The IPKat

APRIL 22, 2024

Over the next few months, the following will take place and IPKat readers will have an opportunity to enroll with a 25% discount in the registration fees: Summer Course on European Intellectual Property Law Trier, 1-5 July 2024 This course will provide a thorough introduction to European intellectual property law.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

43(B)log

AUGUST 19, 2021

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

The IPKat

APRIL 30, 2024

The EUIPO's New Competence Katarina Kompari We kicked off with the informative presentation from Katarina Kompari, entitled “The New Craft GI: Opportunities and Challenges.” However, Member States will still have an important role to play. This mirrors the existing situation for AGRI GIs.

Reporting 78

Reporting Law IP Intellectual Property 78

The TTABlog

OCTOBER 30, 2023

The USPTO refused to register that mark DRYLANDS BREWING COMPANY & Design for "beer" and for "restaurant services, including sit-down service of food and take-out restaurant services; taproom services featuring beer brewed on premises” [BREWING COMPANY disclaimed], finding confusion likely with the registered mark DRYLANDS for wine.

Registration 117

Registration Designs Design Law 117

The IPKat

DECEMBER 10, 2023

Geographical Indications Jocelyn Bosse addressed the recent judgement of the Singapore Court of Appeal in Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorportated [2023] SGCA 37 and the registration of ‘Prosecco’ as a GI in Singapore.

Registration 67

Registration Copyright Law Copyright Intellectual Property 67

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. The event is free , but registration is required. More details and registration here.

Intellectual Property 67

Intellectual Property Designs Design Inventor 67

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v. In Nkanginieme v.

Trademark 52

Trademark Registration Branding Brands 52

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. Does ‘substantial value’ mean ‘artistic value’?

Designs 134

Designs Design Copyright Registration 134

The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Will registration – standing the no formalities rule in international law – enhance legal certainty or merely be an administrative matter? Is the overlap of different IP regimes genuinely problematic?

Reporting 62

Reporting Copyright Public Domain Law 62

Plagiarism Today

AUGUST 18, 2022

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Registration Status at the Time of Filing. Of the registrations, 49 of the registrations were before 2020 and 68 were from before 2022.

Copyright 291

Copyright Registration Music Copyright Infringement 291

The IPKat

OCTOBER 31, 2023

Conferences, events & call for papers Design reform The 2023 UNION IP Autumn Round Table will be held on November 10 2023 in Amsterdam. The agenda includes a discussion of the long awaited revision of the Community Design Regulation and Directive and the possible implications of the revised legislation as it now stands.

Intellectual Property 62

Intellectual Property Intellectual Property Law Journalism Registration 62

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. For businesses like Manta Hair, securing design rights or patents can offer a quicker path to protection, ensuring the uniqueness of their product is safeguarded in the market.

Blogging 64

Blogging IP Intellectual Property Designs 64

The TTABlog

JANUARY 19, 2024

The Board upheld a refusal to register the proposed product configuration mark shown below, for "dental floss," the mark comprising "the presentation and 3-Dimentional (sic) appearance of a dental floss product, specifically comprising an arbitrary bundle of blue looped dental floss." Read comments and post your comment here. Welch 2024.

Registration 67

Registration Copying Designs Design 67

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45