LexBlog IP

FEBRUARY 14, 2023

Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Increasingly, companies are investing in designing unique and aesthetically pleasing typefaces.

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Design Patent Designs Design Patent 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. yet this relationship has received very little attention.

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Intellectual Property Designs Design Intellectual Property Law 73

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Trademark law has something to say about use.

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Public Domain Intellectual Property Copyright Trademark 52

Plagiarism Today

OCTOBER 27, 2021

Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. Also, many have design errors due to their age. Nearly all copies of the film were destroyed, but an American copy survived, as Dracula was already public domain in the United States.

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Plagiarism Copyright Public Domain Copyright Infringement 205

The IPKat

APRIL 30, 2024

The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable. And in a world brimming with trademarks, what is the ultimate purpose of the public domain?

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Reporting Copyright Public Domain Law 62

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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Trademark Public Domain Copyright Cease and Desist 57

IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day.

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Public Domain Intellectual Property Copyright Social Media 106

Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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Trademark Blogging Trademark Law Fair Use 100

SpicyIP

MARCH 27, 2023

vs ARG Outlier Media Pvt Ltd , a case concerning trademark infringement the Delhi High Court allowed the application for placing additional documents on records. It will be interesting to see how these clarifications can act as cushions for the legal reasoning of future trademark/design cases.

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Public Domain Trademark Reporting Designs 105

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

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Plagiarism Today

AUGUST 23, 2022

Second, since he was a federal employee at the time the image was taken, the work itself is in the public domain. Bungie sued AimJunkies alleging that cheat software developed by AimJunkies infringed both the copyright and their trademarks related to the game Destiny 2.

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Copyright Public Domain Copyright Notice Reporting 189

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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Registration Trademark Blogging Law 74

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. United Trademark Holdings, Inc. Disney Enterprises, Inc. 2022 USPQ2d XXX (Fed.

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Public Domain Designs Design Registration 72

Dear Rich IP Blog

SEPTEMBER 16, 2020

Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. The story behind the trademark. A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018.

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Public Domain Graphic Design Art Trademark 52

The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. The kitten looking for the return of trade secrets is CC0 Public Domain from [link] The first picture is "Cat in a box", by Greg Mote from Glendora, CA, USA - CC 2.0.

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Designs Design Patent IP 70

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 appealed.

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False Advertising Advertising Advertising Patent 114

SpicyIP

JANUARY 15, 2024

Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case. Blogposts Angering the Gods: A Relook at the VBM Trademark Infringement Case Image from here Holy Trinity of Hindu Gods against trademark infringement allegations?

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Public Domain Trademark Registration IP 52

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Subbaraya Setty & Anr that made some important observations on the use of trademarks as collateral. The defendants argued that these trademarks/taglines were descriptive in nature, but this was rebutted by the plaintiff in its replication. Or are they adversarial in nature?

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Designs Design Cease and Desist Art 105

TorrentFreak

NOVEMBER 30, 2023

In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out. Anyone can make a request, via the system, for certain non-public domain registration data.

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Registration Public Domain Privacy Intellectual Property 90

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.

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Moral Rights IP Intellectual Property Public Domain 73

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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Intellectual Property Confidentiality Public Domain Business 119

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unique status is particularly emphasized through the avenue of Trademark registration, underscoring its distinct position within the framework of legal protection. This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection.

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Intellectual Property Registration Trademark Personality Rights 76

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

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IP Branding Brands Branding 132

Trademark and Copyright Law Blog

MARCH 11, 2021

T he creator of Donkey Kong, now-legendary game designer Shigeru Miyamoto , says he picked the name “Donkey Kong” because he wanted a name that conveyed the idea of a “stupid ape.” Story first appeared on Trademark and Copyright Law. I’ll see if I can wrangle up some interesting Mario IP issues for a future post!

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Public Domain Trademark Copyright Infringement Licensing 98

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. You don’t need to register the work like you would with trademarks or patents. . Although, it could receive trademark protection.). Trademarks.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

43(B)log

FEBRUARY 24, 2023

Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. I think this is related to my point about asymmetric design against abuse: the fear is almost always of the imagined infringer, not the abusive TM claimant.]

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Trademark False Advertising Fair Use Branding 69

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 98

Intepat

NOVEMBER 20, 2023

For artistic works, additional details about possession, trademark registration, Design Act 2000 registration, and design registration eligibility are required. The act of publication ensures that the work is broadcast in the public domain, offering the owner a sense of security.

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Registration Copyright Ownership Public Domain 52

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

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Intellectual Property Editing Privacy Moral Rights 89

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Is the invocation of ornamentality in the infringement context simply a re-assertion of the supposed trademark use doctrine? It’s text and not design so we don’t call it ornamentality. In the fair use calculus?

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Trademark Law Law Trademark Fair Use 56

SpicyIP

APRIL 17, 2023

On 24 th February, Justice Navin Chawla of the Delhi High Court passed an interesting judgment that discusses the parameters for a trademark to be considered descriptive/laudatory and the evidence needed to establish the same. At issue in Lt Overseas North America Inc & Anr. 2 (Lulu Mall). Case: M/s Mahavir PVC Cables Factory v.

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Advertising Advertising Confidentiality Trademark 105

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. Other IP subject matter might be an option (EU: adds substantial value; if it could be protected by design right, then no TM—but doesn’t work well b/c anything can be protected by design now); anything else?

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Trademark Law Law Trademark Registration 75

Plagiarism Today

SEPTEMBER 8, 2022

Creative Commons 0 (CC0) : This is essentially the Creative Commons Zero license , which is seen as largely a public domain dedication. This is designed to solve the issue of NFT sellers either not addressing copyright or using bespoke licenses that are confusing, incomplete or otherwise may be problematic.

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Licensing Moral Rights All Rights Reserved Copyright 200

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Dinwoodie and Janis taken out of context? Could be a shift in the types of cases.

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Trademark Law Branding Brands 45

IP and Legal Filings

OCTOBER 4, 2022

Trademarks. Trademarks are protected by registration with the IP Department. A GCC Trademark Law was issued in 2006. This law will replace the current Trademark Law of 1992 subsequent to its publication in the Official Gazette by the UAE government. Design rights are registered with the IPPD.

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Intellectual Property Law Business Designs 52