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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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[Guest post] Works of applied art – the difference between design and copyright law

The IPKat

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

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Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

LexBlog IP

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. This broad definition covers everything from literature to music to photographs, and — since a 1990 amendment to the Copyright Act — the design of buildings.

Designs 52
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2nd Circuit Cuts Boat Designer's IP Win By $2M

IP Law 360

A Second Circuit panel on Friday vacated $2 million in damages awarded to a sailboat designer in a decade-long trademark battle, finding that a Connecticut federal court erred in its conclusion that a rival boat maker should have known as early as 2011 that it could not use the disputed mark.

Designs 40
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Precedential No. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks

The TTABlog

Monster alleged a likelihood of confusion between its registered "Claw" design mark for various goods and services, and applicant's "Circled MV" design mark for goods and services in eight classes. Peter Maher and Patricia Hoyt Maher , 100 USPQ2d 1018 (TTAB 2011). The standard is the same. See Nike, Inc. Text Copyright John L.

Designs 56
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Trademark, trademark, trademark!

Likelihood of Confusion

In February, 2011 I wrote about Trademark™, a design studio with the domain name www.trademark-trademark.com. I was looking to refer back to that post because I wanted to link to it, as. The post Trademark, trademark, trademark! appeared first on LIKELIHOOD OF CONFUSION™.

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3 Count: Unicolors Redux

Plagiarism Today

The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online. 2: Ruling Opens the Door to Protecting Room Design Under the Copyright Act. The case was brought by LDC Hotels & Resorts against Sheraton Taitung Hotel.